The 5th Circuit opinion here:
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link to www.ca5.uscourts.gov (secure)]
EDIT: ADDING THIS from the pdf
On the dubious assumption that the Mandate does pass constitutional muster—which we need not decide today9—it is nonetheless fatally flawed on its own terms. Indeed, the Mandate’s strained prescriptions combine to
make it the rare government pronouncement that is both overinclusive
(applying to employers and employees in virtually all industries and
workplaces in America, with little attempt to account for the obvious
differences between the risks facing, say, a security guard on a lonely night
shift, and a meatpacker working shoulder to shoulder in a cramped
warehouse) and underinclusive (purporting to save employees with 99 or
more coworkers from a “grave danger” in the workplace, while making no
attempt to shield employees with 98 or fewer coworkers from the very samethreat). The Mandate’s stated impetus—a purported “emergency” that the
entire globe has now endured for nearly two years,10 and which OSHA itself
spent nearly two months responding to11—is unavailing as well. And its
promulgation grossly exceeds OSHA’s statutory authority.