Court Freezes Biden Vaccine Mandate

| November 6, 2021


Let’s Go Brandon

Today, the United States Fifth Circuit Court of Appeals issued a temporary stay, stopping the Biden administration’s Covid vaccine mandate for employers with over 100 employees. First Liberty Institute petitioned the Fifth Circuit on behalf of Daystar Television Network and American Family Association to review the mandate.

“We don’t live in a dictatorship where a President can issue an edict and take over all of the large companies in our nation and the lives of over 84 million Americans,” said Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute. “The mandate is massively unconstitutional and violates statutory law as well. We’re pleased that the Fifth Circuit has stopped it from being implemented.”

About time. AW1 Rod sends.

Federal Court Freezes Biden Vaccine Mandate Over Possible ‘Grave Statutory And Constitutional’ Issues

By Ryan Saavedra

A U.S. federal appeals court issued a stay on Saturday temporarily halting Democrat President Joe Biden’s vaccine mandate that would have required companies with at least 100 employees to get vaccinated for the coronavirus or be tested weekly.

The ruling from the U.S. Court of Appeals for the Fifth Circuit stated the following:

Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard (the “Mandate”) pending expedited judicial review.

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.

Immediately following the release of the OSHA rule, The Daily Wire was the first major company to file a lawsuit against the Biden administration, as the company noted in a report on Thursday:

The lawsuit does not take a position on whether someone should receive the vaccine or not, only against Biden’s mandate, announced earlier this year and unveiled on Thursday morning. The mandate applies to all companies with 100 or more employees and forces those businesses to police the vaccine status of their employees. The Daily Wire, with over 100 employees, falls under the mandate.

The Daily Wire’s lawsuit seeks to overturn Biden’s executive action, arguing that the order is unconstitutional and that the Biden administration violated federal law in drafting it.

In September, Biden’s handlers directed OSHA to promulgate a federal “emergency temporary standard” (ETS) requiring all private businesses with 100 or more employees to ensure that every employee is either vaccinated against the COVID-19 virus, presents a negative test result on a weekly basis, or face heavy fines.

According to federal law, an ETS can be issued only when doing so is “necessary” to protect employees against “grave danger” from exposure to “substances or agents determined to be toxic or physically harmful or from new hazards.”

So Biden’s handlers have decided employees who have not received a Covid Vax are “toxic or physically harmful substances” a standard never before applied to any previous medical procedure or vaccine. Also, companies are very hesitant to violate Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rules, which state:

In general, “[a] covered health care provider [with a direct treatment relationship] must obtain the individual’s consent,…prior to using or disclosing protected health information to carry out treatment, payment, or health care operations.

CDC.gov

I am not an anti-vaxxer, but this stopped being a medical issue long ago. The government has injected itself between doctor and citizen, is in violation of our Constitutional rights and it’s own regulations. Any public trust once enjoyed by the FDA et al has evaporated.

Thanks, Rod.

Daily Wire

Category: "The Floggings Will Continue Until Morale Improves", Guest Link

30 Comments
Inline Feedbacks
View all comments
Roh-Dog

And when this tyrannical POS goes and does what he do, regardless of; science, liberty, reason, the will of the people; and the lights start going out, ‘accidentally’ or incidentally, in these establishments that violate an individuals’ right to pursue their Happiness….

I told you so.

You take bread out of a man’s mouth, he’ll feel resentment. You take food from his child’s mouth, you’ll feel steel.

And I dare the machine to put me on a jury, so help me God.

KoB

Yep, how many times have we said that this Bat Flu thing was a “Control of We, The People thing” NOT a “Control the Virus thing.” We are now in, what, Day 500 and something of the 14 days needed to “flatten the curve.”

Maybe we need to invite them to come for breakfast? Tell the little Lady to get ready.

Roh-Dog

603 days since 13MAR20 when President Last Guy signed that stupid EO authorizing everyone to lose their ever loving minds.

I’m telling everybody that’ll listen, 2 years ago a system broke within the banking industry and this is the resulting fallout. Hold on to you hats, wheels done come offeth!

Get food. Get a gun. Get a hole.

https://www.timeanddate.com/date/durationresult.html?m1=3&d1=13&y1=2020&m2=11&d2=6&y2=2021

KoB

Thanks -Dog, I wuz trying to cypher it out. I gotta get nekkid to count to 21 and with the cold I could only count to 20 & 1/2. Math was never my strong suit. English weren’t much better, always had my participle dangling. 😛

Roh-Dog

Yw, Reb. We all have our skill sets… still looking for one that suits me and pays Ah bill.

If you need someone to tuck in that participle, I got rubber gloves and bes “armed with a fierce will to win”!

Jeff LPH 3, 63-66

The court must be made up of republicans or the above wouldn’t happen. The supreme leader does what he wants to and I’m suprised that he doesn’t lock up the court judges with the other political prisoners.

Sapper3307
Sapper3307

13 year old Sleepy Joe video foretold the future.

Roh-Dog

It’s time for that mush headed fk to go.

PNW ATC

Like Harris could be better? 🙄 God help us all.

OWB

Glad to see there are still some sane judges in the federal court system. Even the ACLU should be on board with this one.

Want a vax? Get one. Don’t want a vax? No one should be able to insist upon it.

This really isn’t as difficult as some would have us believe.

Poetrooper

Ahem…Southern Judges. If ol’ Poe may be so immodest as to point it out, the Fifth Circuit is located in the French Quarter of New Orleans and is the appellate bench for federal district courts in Texas, Louisiana and Mississippi. It is therefore composed of federal judges from those states.

That alone should suffice to explain their conservative, common sense rulings.

This entire country should be thankful for the Fifth Circuit…

OWB

Yeppers. It is the Fifth which has a long history of being the sanest of the Circuits. The way things have deteriorated in the past coupla decades, it is just reassuring to know that it can still project a sane voice.

Fyrfighter

That they are Poe.. though sadly, the “chocolate city” of Nawlins is hardly a conservative bastion…

Poetrooper

So true…thankfully most of the appointments come from Texas.

Mason

That happened faster than I expected. “[T]here are grave statutory and constitutional issues with the Mandate” is an understatement.

STSC(SW/SS)

Someone help me out here. If the President signs a bill into law and is incompetent is the law valid?

I really think Biden needs an independent mental exam.

Mason

So do I. Then again, the left screamed about that for four years with Trump and he’s obviously mentally sharp.

We’re supposed to trust the cabinet and VP to make the call when the President is no longer able to fulfill his duties. That’s how the 25th Amendment was designed.

In reality, the cabinet are either yes men, or more likely, they are all using Biden as the fall guy for all their terrible policies.

Then once they cross that 20 Jan 2023 date, they can replace him with Kamala (the idea being she can be POTUS for 10 years). With how terrible things are under Biden, if she screws up only half as much as Biden she’ll be a welcome relief and sit pretty for a first term all her own in 2024.

Nucsnipe

Wore my “Lets Go Brandon” shirt today, got a few blank looks an a lot of grins.

A Proud Infidel®™

LET’S GO, BRANDON!!!!

UpNorth

Like ButtPlug or Granholm or Garland would vote to remove Gropey Joe?

PNW ATC

My wonderful work floated a paper ( optional to sign) that said we have to follow a set of rules for people who are unvaccinated and those who have been. (Contacts, travel etc etc) It was under the guise of getting rid of our automatic temperature taking machine. You look at the screen and once it says you are ok prints a sticker you wear to let everyone know you are safe. Failure to comply with the new policy could result in discipline up to termination.

I got the stink eye for asking why to sign why would I sign up to be fired for something we have been doing for the last year and a half. And why on earth would we get rid of a line of defense like the temp taker.

My tinfoil hat says they are seeing who will sign so if the mandate becomes reality they launch those who are not vaccinated. Their house their rules but FFS be transparent about it.

Devtun

Obey or poopy pants Joey will spit in your face. Dang dude, say it, don’t spray it!

https://rumble.com/voc7ir-maskless-biden-spits-on-woman-at-mcauliffe-rally.html

Roh-Dog

Or Joe Biteme use the Southern District of NY and the Department of Injustice to raid your house.

Say HIS NAME: JAMES O’KEFFE!!!!

But he’s just a “provocateur”, not a REAL jurno like the others.

https://news.yahoo.com/fbi-searches-home-conservative-provocateur-175837051.html

Devtun

Yep, made a related comment on WOT. Joey’s kids keep seem to be losing shit.

Hack Stone

The FBI does not want Americans to know that the diary contains details of her crush n Desi Arnez Jr.

(You old farts will get that cultural reference)

gitarcarver

In case anyone cares, the stay can be found here:

https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf

(It’s short.)

The Court says a more permanent decision will be issued Monday, November 8, 2021 as this stay is temporary.

The three judges who issued the order:

Edith Hollan Jones – appointed by Ronald Reagan

Kurt Damian Engelhardt – appointed by Geroge W. Bush

Stuart Kyle Duncan – appointed by Donald Trump

The the Government lost the eviction moratorium, the Supreme Court said that not only did the CDC not have the statutory authority to make such a rule, even if they did the authority, they needed to go through the rule making process which requires public comment. The CDC argued that this was an emergency and they had the authority to make rules without public comment in an emergency.

The SCOTUS basically replied “you made the rule a year after COVID started. Your actions indicate the rule was not an emergency.”

The same thing will be going on here. OSHA has to take public comments on new regulations. They didn’t.

The Fifth Circuit is not going to go against the Supreme Court on this one.

Mason

“the rule was not an emergency”

That’s what the government seems to be hanging their hats on for this OSHA rule too. Can’t have an emergency when we’re 18 months into this shit. We’ve had risk mitigation strategies in place for ages.

Jay

Bingo Bango. I wash my hands, I tend to stay the F away from people (just because I don’t LIKE them)…..why am I going to submit and get jabbed with a needle just to make YOU feel better/safer? The days of me submitting willy nilly to whatever the government decides it wants to ram into my body are OVER.