(Video Credit: WH.GOV | Forbes)
White House deputy press secretary Karine Jean-Pierre urged businesses to ignore a legally binding court-ordered stay and proceed with President Joe Biden’s vaccine and testing requirements for private businesses.
“People should not wait,” Jean-Pierre told reporters during a White House press briefing on Monday. “They should continue to move forward and make sure they’re getting their workplace vaccinated.”
“We say, do not wait to take actions that will keep your workplace safe. It is important and critical to do and waiting to get more people vaccinated will lead to more outbreaks and sickness,” she contended.
“We’re trying to get past this pandemic, and we know the way to do that is to get people vaccinated,” Jean-Pierre added.
“The administration clearly has the authority to protect workers, and actions announced by the President are designed to save lives and stop the spread of COVID-19,” she continued.
The 5th Circuit Court of Appeals in Louisiana, which is considered to be one of the most conservative courts in the nation, froze the mandate on Saturday pending review. The court ruled, “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.”
Private companies have joined with Republican attorneys general in Texas, Louisiana, Mississippi, South Carolina, and Utah in requesting a pause before proceeding with the mandate. They contend that the requirements dictated by the Biden administration exceed the authority of the Occupational Safety and Health Administration and are an unconstitutional delegation of power to the executive branch by Congress.
The court-ordered stay occurred one day after the vaccine mandate went into effect, which impacts companies with more than 100 employees. Those employers now must have their workers vaccinated or require that they be tested weekly and wear a mask at work. Full vaccination is required by Jan. 4. Face masks for unvaccinated workers are required starting Dec. 5.
The mandate is being challenged by the Republican attorneys general of 26 states in five separate U.S. appeals courts while the Republican National Committee said it is challenging the requirements in the D.C. Court of Appeals, CNBC reported.
The Biden administration has decried the complaints by the states and companies as “premature” since the deadlines for vaccinations and testing do not occur until January, requesting on Monday that the court lift the pause and dismiss the claims. The White House further asserted that the stay on vaccine requirements “would likely cost dozens or even hundreds of lives per day,” while the Labor and Justice Departments contended that OSHA is operating within its authority established by Congress.
The Labor Department’s top attorney, Seema Nanda, remarked last week that the Biden administration is “fully prepared to defend this standard in court.”
She claims the law “explicitly gives OSHA 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.”
Nanda also asserts that the vaccine and testing requirements supersede “any state or local requirements that ban or limit an employer’s authority to require vaccination, face-covering, or testing.”
A professor of law at Georgetown University noted that there’s a “high probability” the case will wind up before the Supreme Court.
“There are justices on the court who want to rein in the administrative state and this is a case in which those concerns are likely to come to the fore,” David Vladeck told CNBC.
More than 750,000 people have reportedly died in the U.S. from COVID according to the CDC.
“If that’s not a grave danger, I don’t know what else is,” Jean-Pierre proclaimed Monday.
“It’s common sense, Chuck, if OSHA can tell people to wear a hard hat on the job, to be careful around chemicals, it can put in place these simple measures to keep our workers safe,” White House Chief of Staff Ronald Klain also arrogantly declared on Sunday to Chuck Todd on “Meet the Press.”
Conservatives are ringing alarm bells over the catastrophic mandate and warn that it is an unconstitutional overreach of authority:
Joe Biden’s vaccine mandate will force companies to fire truck drivers delivering goods for the holidays.
Truck drivers! Who work alone in the cab of a truck all day long.
— Rep. Jim Jordan (@Jim_Jordan) November 8, 2021
Biden tells businesses to proceed with vaccine mandate despite court-ordered pause. He's above the law now?
— Susan St. James (@SusanStJames3_) November 8, 2021
So businesses will get fined $14,000 (per employee) if they don't comply with Biden's vaccine mandate.
And illegal aliens get a $450,000 payout for "damages" for crossing our border illegally…
— Rep Andy Biggs (@RepAndyBiggsAZ) November 5, 2021
LA vaccine mandate protest with first responders attending. pic.twitter.com/R66cEPDZPP
— Wittgenstein (@Kukicat7) November 8, 2021
Last time I checked, this country was still a Republic, not a monarchy!
— George Lob 🇺🇸 (@gvlob) November 8, 2021
Wait… I thought the powers were divided to prevent totalitarianism by any one branch?
— Franklin Flint (@FranklinFlint4) November 8, 2021
This is what we call a constitutional crisis.
— Law and Disorder (@LawandDisorder5) November 8, 2021
I’ll take “Things dictators would say for $1000 Alex”.
— Brian Stevenson (@BJStevenson77) November 8, 2021
If one branch of government can tell people to ignore the rule of law, then why should we listen to OSHA?
— Eric Weishaar (@EricWeishaar) November 8, 2021
Sure just ignore the legal process
— 🐝GeekArmy🐝 (@GCgeekarmy) November 8, 2021
So he is above the Law? 🤔 Is he purposely tanking himself?
— Miasmom (@Deen282) November 8, 2021
Who the f*ck does he think he is? Totalitarianism brought to you by the Democrats.
— PatriotGams (@PatriotGams123) November 9, 2021
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