Joe Biden’s massive losing streak continued.
Biden suffered a major setback on the defining issue of his administration.
Joe Biden got hit with some bad news in this massive court defeat.
In September, Joe Biden imposed the biggest and most controversial federal power grab in American history when he announced his intention to order the Occupational Safety and Health Administration to issue a federal vaccine mandate for employers with more than 100 workers.
The federal government never before required Americans to take a vaccine and Biden’s mandate meant the end of medical freedom and bodily autonomy in the United States.
As soon as OSHA issued the mandate companies immediately sued.
A District Court judge issued an order temporarily blocking the mandate.
The administration appealed and the Fifth Circuit Court of Appeals smacked down Biden by slamming the federal vaccine mandate and ruling those challenging the mandate were likely to win on the merits and kept the order blocking the workplace vaccine requirement in place.
In the decision, the justices picked apart just how illegal and brazen Biden’s vaccine mandate really was.
The justices noted that in 2020, OSHA did determine COVID met the standard of “an emergency temporary standard” undercutting the Biden administration’s legal rationale for the mandate.
“The Occupational Safety and Health Administration (OSHA) ‘reasonably determined’ in June 2020 that an emergency temporary standard (ETS) was ‘not necessary’ to ‘protect working people from occupational exposure to infectious disease, including COVID-19,’” the justices wrote.
The justices also ruled that emergency temporary standards were rare – just ten were issued in 50 years – and it was even rarer for an emergency temporary standard to survive legal scrutiny – just one passed constitutional muster.
“In fact, in its fifty-year history, OSHA has issued just ten ETSs. 1 Six were challenged in court; only one survived.2 The reason for the rarity of this form of emergency action is simple: courts and the Agency have agreed for generations that ‘[e]xtraordinary power is delivered to [OSHA] under the emergency provisions of the Occupational Safety and Health Act,’ so ‘[t]hat power should be delicately exercised, and only in those emergency situations which require it,’” the order read.
The court also criticized the fact that the mandate was overly broad – covering every industry – and too narrow – the court wondered why employers with more than 99 employees required a mandate but not employers with 99 employees or less.
In ruling that the businesses suing over the mandate were likely to succeed on the merits, the Fifth Circuit’s ruling pointed out that the supposed “emergency” was in its second year and the fact that the Biden administration claimed the mandate could wait 60 days to go into effect.
“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,” the justices argued.
The idea that Biden can claim an unending state of emergency but delay a supposedly vital measure to end the emergency is a contradiction that would grant the government unlimited and open-ended power if the mandate was allowed to succeed.
Finally, the justices argued that the mandate was “staggeringly overboard” that applied indiscriminately to employers without taking into account the risk for various occupations as well as risk profile of employees based on their demographics and natural immunity.
“The Mandate is staggeringly overbroad. Applying to 2 out of 3 private-sector employees in America, in workplaces as diverse as the country itself, the Mandate fails to consider what is perhaps the most salient fact of all: the ongoing threat of COVID-19 is more dangerous to some employees than to other employees,” the justices ruled.
Biden will likely keep up this legal fight.
That’s because the mandate has little to do with public health and everything to do with Biden’s aim of exploiting COVID to impose control over individuals.
But the justices on the Fifth Circuit exposed the creaky legal foundation the administration built the mandate on, and Biden is likely to keep losing at every level on this fight.
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