Powered by Topple

5th Circuit halts Biden vaccine mandate over ‘grave’ constitutional issues, legal war commences

Powered by Topple

President Joe Biden’s employer vaccine mandate was temporarily halted by the Fifth Circuit Court of Appeals, the first shot in the coming legal war over the unprecedented action by the administration to force Americans to get jabbed or lose their economic livelihoods.

By issuing a stay against the emergency order that would be enforced by OSHA, the three judge court cited “grave statutory and constitutional issues” in the decision, giving the administration until Monday to respond with the prospect of an injunction against the mandate a possibility.

The court’s ruling comes in response to challenges filed against the order that will punish employers of over 100 workers with stiff fines for non-compliance which was formalized on Thursday; the order is to go into effect on January 4, 2020 and is the fulfilment of Biden’s vow to put the screws to those who remain hesitant to be vaccinated who are already being demonized by the media and may soon face ostracism from society.

Attorney General Ken Paxton of Texas, one of the states that sued Biden hailed the ruling, “The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach!” He tweeted.

Paxton has previously called the employer mandate “a breathtaking abuse of federal power.”

The state’s Republican Gov. Gregg Abbott responded to the ruling by tweeting: “We will have our day in court to strike down Biden’s unconstitutional abuse of authority.”

Louisiana Attorney General Jeff Landry, one of the states within the jurisdiction of the Fifth Circuit Court of Appeals also took to Twitter where he called the ruling a “major win for the liberty of job creators and their employees,” adding that the court Biden’s “unlawful overreach” is subject to the “checks and balances afforded by our Constitution.”

In a Friday statement issued after the states sued the regime, Seema Nanda, the top lawyer for the Labor Department said that the regime is “confident in its legal authority to issue the emergency temporary standard on vaccination and testing,” adding that OSHA’s authority allows the agency “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.”

During Friday’s White House press briefing, Deputy Press Secretary Karine Jean-Pierre said that the administration was very “confident” that it would prevail in court and resorted to the chicanery that is being used to disguise the mandate  as an “emergency temporary standard” that it is counting on to prevail legally.

“Just a couple of things that I wanted to just lay out so that people understand.” Jean-Pierre said. “As for the legal side of this, let me be crystal clear to avoid what appears to be possible misinformation or disinformation around the emergency temporary standard being a vaccine mandate, that would be, on its face, incorrect. As has been explicit for months, it is a standard for a safe workplace to either comply with weekly testing or to be vaccinated.”

There has been no end specified for the “temporary standard” which could conceivably be extended indefinitely and could ultimately include booster shots in order to be “fully” vaccinated.

The DOJ also weighed in with a statement about the legal challenges to Biden’s mandate, “The OSHA emergency temporary standard is a critical tool to keep America’s workplaces safe as we fight our way out of this pandemic. The Justice Department will vigorously defend this rule in court.” Said spokesperson Anthony Coley in a statement.

The employer mandate currently applies to the businesses that employ over 100 workers but that could be adjusted downward by the administration in the future. There is also currently an option to be tested as an alternative although it isn’t clear whether the employees will be forced to pay for their own testing.

So far, over two dozen states have filed suits against Biden’s mandate.

Chris Donaldson

Comments

Latest Articles