Joe Biden set up one of the biggest legal fights in American history.
Round one was bad news for the American left.
And Joe Biden just lost a huge court case that left Democrats speechless.
Joe Biden announced a federal vaccine mandate for companies with more than 100 employees will take effect on January 4.
This amounted to the biggest federal power grab in American history as the national government never imposed a vaccine mandate on the population before.
Americans value their medical freedom and many companies do not want to play the role of vaccine police and enforce Joe Biden’s demented demand that every American submit to forced vaccination or lose their job.
Lawsuits immediately poured in.
Three companies – Burnett Specialists, Choice Staffing, LLC, and Staff Force, Inc. – filed an emergency motion in the Fifth Circuit Court of Appeals asking the justices to grant a stay and block the vaccine mandate on the grounds Biden unconstitutionally imposed the mandate without an act of Congress.
“Petitioners Burnett Specialists, Choice Staffing, LLC, and Staff Force, Inc., have requested that this Court review the ETS, pursuant to 29 U.S.C. 655(f), because it represents an unconstitutional delegation of authority from Congress to the executive branch, and therefore violates the non-delegation doctrine under Article I, Section 1 of the U.S. Constitution. Because the ETS, if it is allowed to take effect, will cause irreparable harm to Petitioners, Petitioners ask this Court to stay implementation of the ETS under Rule of Appellate Procedure 18. As shown below, in addition to suffering irreparable harm, Petitioners have a high likelihood of success on the merits, the federal government will not be harmed by the stay, and the public interest favors issuance of a stay by this Court,” the companies’ motion reads.
Joe Biden issued the federal vaccine mandate using twisted legal reasoning that an OSHA rule that allows the government to regulate onsite hazards allows for Biden impose a vaccine requirement on businesses.
Legal scholars found this reasoning dubious and judges on the Fifth Circuit Court of Appeals agreed, issuing an order blocking the mandate from taking effect until the Biden administration could respond to the companies’ motion.
The justices hinted this was not some kind of technical ruling when in their order the judges wrote that they held “grave statutory and constitutional issues” with Joe Biden’s federal vaccine mandate.
“Before the court is the petitioners’1 emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard2 (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,” the Fifth Circuit Court’s order reads.
The Biden vaccine mandate is setting up a legal battle that will have consequences far beyond just requiring businesses to record their workers’ vaccination status.
Many Americans worry that if the president can issue an edict forcing Americans to take a vaccination there is no end in sight to the power grabs that the federal government can impose on its citizens.
That’s why so many Americans were relieved when the Fifth Circuit not only stayed the mandate, but blocked the mandate from temporarily taking effect with language that hinted when the time came the courts would strike down the vaccine mandate for good.
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