Basically, both these decisions were not on the constitutional merits of the EO mandates themselves - both cases involved administrative authority of the executive branch and whether those regulatory bodies of the executive branch were exceeding their authority as delegated by the Congress. (Congress has a history of passing the buck off to the executive branch so they do not have to actually pass any laws.)

As far as the OSHA case, the court determined that OSHA did not have the authority to enforce regulations that involved setting conditions that did not entirely relate to the workplace. Forcing employees to be vaxxinated was 24/7 and not just at work. With the HCWs, it basically boils down to the fact that HHS/CMS can set conditions/requirements with regard to receiving payment. The same thing can also be required by medical insurance companies in order for a provider to become credentialed with a particular insurance company. Since a provider has the choice of whether or not to be credentialed with an insurance carrier, and the fact that other vaxxines already have been required by private health care providers, the court could not find for the plaintiffs in this case. I do not know whether the issue of trying to require an EUA non FDA approved product was part of the argument in this case. If this point was not brought up, it should have been. I knew that when workers did not fight back when some institutions required influenza vaxxines, that those chickens were going to come home to roost. They did not file lawsuits then, so how can they do it now.

I am afraid that fighting the mandates this way in the end is going to be a patchwork of decisions all over the place. These cases are for immediate injunctions to halt the mandates until other cases can work their way through the system that will be more definitive about the legality of the mandates themselves. There are cases that have been filed that get at the EUA issue. Those are the ones that will have more widespread ramifications. In addition, there are attorneys working to bring criminal charges against the manufacturers for malicious intent to falsify data, conspiracy to commit fraud and to coverup their crimes. The criminal intent is key here. It will bring down the liability shield of the vaxxine manufactures. If that happens, they will pull up stakes and bring the whole vaxxine program to an end - that is in addition to people possibly taking to the streets with pitchforks and torches in hand. By the way, the contracts that countries signed with these manufactures have the countries picking up the tab for any lawsuits that arise out of liability. But, if criminal intent can be proven, the house of cards comes down. So, do not be too disappointed. We are only just getting started. This is war and we are going to fight this one battle at a time.