Federal Court Temporarily Halts Biden’s Vaccine Mandate

How quick will this make it to the Supreme Court? Or will it wind its way through federal court prior?

Appeals court stays vaccine mandate on larger businesses

A federal appeals court on Saturday temporarily halted the Biden administration’s vaccine requirement for businesses with 100 or more workers.

The 5th U.S. Circuit Court of Appeals granted an emergency stay of the requirement by the federal Occupational Safety and Health Administration that those workers be vaccinated by Jan. 4 or face mask requirements and weekly tests.

Louisiana Attorney General Jeff Landry said the action stops President Joe Biden “from moving forward with his unlawful overreach.”

“The president will not impose medical procedures on the American people without the checks and balances afforded by the constitution,” said a statement from Landry, a Republican.

The U.S. Labor Department’s top legal adviser, Solicitor of Labor Seema Nanda, said the department is “confident in its legal authority to issue the emergency temporary standard on vaccination and testing.”

OSHA has the authority “to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,” she said.

Perhaps Nanda could explain to the courts, and to the American people, why, almost two years after COVID started, this is now a grave danger, especially when the COVID vaccines do not stop people from getting or giving COVID, unlike vaccines for measles, polio, and smallpox? Why they decided that January 4th was the implementation day, when Joe announced this in September? And that the rule is pretty much open ended, with no end date? Seriously, if this is an emergency order, why is there no end date? The rule itself provides no end date for when companies have to stop requiring employees to be vaccinated or wearing masks/get weekly tests if not vaccinated.

And that is a problem. What if another bad variant, such as Delta, pops up two years from now: might they add to the rule, requiring boosters? Heck, even without, might they require a booster 6 months after people are fully vaccinated? An emergency order should have an end date.

Such circuit decisions normally apply to states within a district — Mississippi, Louisiana and Texas, in this case — but Landry said the language employed by the judges gave the decision a national scope.

“This is a great victory for the American people out there. Never before has the federal government tried in a such a forceful way to get between the choices of an American citizen and their doctor. To me that’s the heart of the entire issue,” he said.

At least 27 states filed lawsuits challenging the rule in several circuits, some of which were made more conservative by the judicial appointments of President Donald Trump.

I’ll say again, if the vaccines were like the ones we are required to take to go to school, to travel overseas, ones like polio, smallpox, measles, mumps, tetanus, etc, and were like 98-100% good in stopping people from getting COVID and from transmitting, then a mandate might make sense. I’d be fine with it. Otherwise, I’m still pro-vax-anti-mandate.

(Breitbart) The ruling from a three-judge panel on Saturday resulted from a stay sought by the states of Texas, Utah, Mississippi and South Carolina, as well as several businesses that opposed the Biden plan. The states and businesses filed a petition of review of the agency action, which goes directly to a federal appeals court instead of a one-judge federal district trial court.

“Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby stayed pending further action by this court,” the judges wrote.

The initial lawsuit alleged that President Biden did not have the authority to issue such a sweeping public health mandate, arguing that it would cause severe economic fallout, according to The Hill.

“Its unlawful mandate will cause injuries and hardship to working families, inflict economic disruption and staffing shortages on the States and private employers, and impose even greater strains on struggling labor markets and supply chains,” a filing from a coalition of attorneys general led by Missouri Attorney General Eric Schmitt alleged.

BTW, all you Biden voters, just remember he stated, numerous times, that he would not impose a vaccine mandate, and that Democrats, including Kamala and Brandon, said they would not take “Trump’s vaccine” and trashed the vaccines.

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6 Responses to “Federal Court Temporarily Halts Biden’s Vaccine Mandate”

  1. Jl says:

    Don’t worry, the Roberts court will probably find that fining the unvaccinated is just a tax….

  2. Dana says:

    Our esteemed host asked:

    How quick will this make it to the Supreme Court? Or will it wind its way through federal court prior?

    Since this ruling came from the Fifth Circuit Court of Appeals, the Supreme Court is the next step.

  3. Dana says:

    Technically, it could go to an en banc hearing with the entire Fifth Circuit, rather than the three judge panel, but the Biden Administration would probably go straight to the Supremes.

  4. Hairy says:

    Mandatory? You mean at the point of gun? Or going to jail? Are you telling us Teach thst is what is going to happen?

  5. Elwood P. Dowd says:

    William Teach: remember he (now President Biden) stated, numerous times, that he would not impose a vaccine mandate, and that Democrats, including (candidates Harris and Biden), said they would not take “Trump’s vaccine”

    President-elect Biden made his statement in Dec 2020. We suspect he had hoped by Sep 2021 the American people would have taken more advantage of the free vaccinations.

    “Well when events change, I change my mind. What do you do?” – Paul Samuelson, Nobel Laureate in Economics

    Candidate Harris in Sep 2020:

    “Well, I think that’s going to be an issue for all of us. I will say that I would not trust Donald Trump. And it would have to be a credible source of information that talks about the efficacy and the reliability of whatever he’s talking about. I will not take his word for it. He wants us to inject bleach. I — no, I will not take his word.”

    Oct 2020:

    “If the public health professionals, if Dr. Fauci, if the doctors tell us that we should take it, I’ll be the first in line to take it. Absolutely. But if Donald Trump tells us that we should take it, I’m not taking it.”

    Biden in Aug 2020:

    “The way he (Trump) talks about the vaccine is not particularly rational. He’s talking about it being ready, he’s going to talk about moving it quicker than the scientists think it should be moved … . People don’t believe that he’s telling the truth, therefore they’re not at all certain they’re going to take the vaccine. And one more thing: If and when the vaccine comes, it’s not likely to go through all the tests that need to be done, and the trials that are needed to be done.”

    Biden in Sep 2020:

    “Americans have had to endure President Trump’s incompetence and dishonesty, when it comes to testing and personal protective equipment. We can’t afford to repeat those fiascos when it comes to a vaccine. … Let me be clear: I trust vaccines, I trust scientists, but I don’t trust Donald Trump, and at this moment, the American people can’t either. “

    Nu-conservatives such as mr Teach claim they advocate vaccination but then denounce the vaccines at ever turn. Very courageous. It’s almost as if nu-conservatives desire the pandemic continue.

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