Joe Biden thought he won a major victory.
But then Biden and the Democrats got some bad news.
And Clarence Thomas received this request that now made Joe Biden a very nervous man.
A three-judge panel on the Sixth Circuit Court of Appeals eliminated the stay blocking Joe Biden from implementing his tyrannical federal vaccine mandate.
The business groups suing the administration immediately appealed to the Supreme Court.
That puts the onus on Clarence Thomas and the rest of the conservative justices can strike down this authoritarian and fundamentally un-American vaccine mandate.
Barack Obama Judge Jane Branstetter Stranch expressed the view many on the left hold that COVID mandates and restrictions are never going away as part of the new normal where Americans live in a biomedical surveillance state so the federal vaccine requirement passed muster.
“Recognizing that the ‘old normal’ is not going to return, employers and employees have sought new models for a workplace that will protect the safety and health of employees who earn their living there,” Judge Stranch wrote. “In need of guidance on how to protect their employees from COVID-19 transmission while reopening business, employers turned to the Occupational Safety and Health Administration … the federal agency tasked with assuring a safe and healthful workplace.”
Judge Julia Gibbons – a RINO appointed by RINO former President George W. Bush –made some fake “BUT MUH PRINCIPLES” excuse to leave the mandate in place.
Gibbons – like all Bush-era RINOS – supports big government but tried to disguise the fact that she is a liberal with a phony, high-minded statement about judicial restraint.
It was similar to the way Chief Justice John Roberts upheld Obamacare.
“Reasonable minds may disagree on OSHA’s approach to the pandemic, but we do not substitute our judgment for that of OSHA, which has been tasked by Congress with policy making responsibilities. Our only responsibility is to determine whether OSHA has likely acted within the bounds of its statutory authority and the Constitution,” Gibbons wrote.
Judge Joan Larsen – a Trump appointee –was the only judge on the panel to follow the Constitution and point out the simple fact that Congress did not grant the Occupational Safety and Health Administration the power to impose a vaccine mandate.
“As the Supreme Court has very recently reminded us, ‘our system does not permit agencies to act unlawfully even in pursuit of desirable ends.’ Ala. Ass’n of Realtors v. Dep’t of Health & Hum. Servs., 141 S. Ct. 2485, 2490 (2021). The majority’s theme is that questions of health science and policy lie beyond the judicial ken. I agree. But this case asks a legal question: whether Congress authorized the action the agency took. That question is the bread and butter of federal courts. And this case can be resolved using ordinary tools of statutory interpretation and bedrock principles of administrative law. These tell us that petitioners are likely to succeed on the merits, so I would stay OSHA’s emergency rule pending final review,” Larsen wrote.
This case is headed for the Supreme Court.
The Supreme Court previously struck down Joe Biden’s illegal eviction moratorium ruling that Joe Biden illegally usurped Congress’s legislative power.
Based on that decision, many expect the Supreme Court – led by Clarence Thomas – will strike down the federal vaccine mandate.
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