Joe Biden and the Democrats are facing a moment of truth.
The stakes could not be higher.
Brett Kavanaugh hit Joe Biden with one deadline that put a huge scare into Democrats.
A three-judge panel on the Sixth Circuit Court of Appeals dissolved a stay put in place by the Fifth Circuit Court blocking Joe Biden’s tyrannical federal vaccine mandate from taking effect.
The business groups – led by the National Federation of Independent Business – immediately appealed to the Supreme Court.
Brett Kavanaugh – the justice who oversees all emergency appeals to the Sixth Circuit – responded by giving the Biden administration until 4 p.m. on December 30 to respond to the request to reinstate the stay.
This case does not decide the constitutionality of the authoritarian vaccine mandate.
Instead, it will only settle the issue of if the mandate can take effect on January 4 – as Biden proposed – while legal challenges play out in court.
The plaintiffs argued the vaccine mandate threatened businesses’ ability to stay open and remain competitive as it could lead to catastrophic staffing shortages that made normal operations impossible.
“For many of the Business Associations’ members, the harms discussed above are threatening the very viability of their business. As several employers reported: ‘this could be catastrophic to our organization’; ‘[this] could put us out of business,’” the business group’s court filing read.
Multiple federal judges issued a stay blocking the vaccine mandate on the grounds that Biden infringed upon the separation of powers by using the Occupational Safety and Health Administration (OSHA) to make laws when Congress never delegated OSHA that power.
Judges also questioned how Biden could issue the new rule as an “emergency” and then wait two months to enforce the vaccine mandate.
Despite some liberal judges on the Sixth Circuit siding with Biden, the administration faces a difficult road at the Supreme Court.
The court is likely to grant the stay.
If the court later strikes down the federal vaccine mandate as unconstitutional there is no way for Americans that submitted to forced vaccination to then gain relief after the fact.
Reinstating the stay while the Supreme Court agrees to add the vaccine mandate case to the spring docket is the most likely outcome.
The justices are also likely to strike down the mandate.
This fall, Joe Biden tried to circumvent Congress and impose a federal eviction moratorium using the Centers for Disease Control.
Conservatives on the Supreme Court quickly struck down that illegal power grab.
The same principles apply in the challenges to the federal vaccine mandate.
Never before has the federal government impose a national vaccine mandate.
Biden even admitted that he was not sure he had the power to do so.
Based on the precedent established in the eviction moratorium case it is unlikely Biden’s federal vaccine mandate will survive legal scrutiny.
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