NEW ORLEANS — Mainstream media focused solely on the murder trial of Kenosha, Wisconsin shooter Kyle Rittenhouse for most of the last three days. There’s never been a more blatant, and frankly pathetic, display of Hollywood-produced justice to not only create further divide in the United States, but also distract the masses from what’s important to each and every one of us.
The Joe Biden Executive Order mandating mRNA and viral vector DNA injections for all workers in companies with over 100 employees went into effect on November 5. It was immediately challenged by several states and numerous private companies in federal court across the country. And there’s already been significant progress in eventually striking down the Executive Order all together. But you wouldn’t know it if mainstream media are your primary sources for news.
Five states immediately challenge the mandate
The Attorneys General for Louisiana, Mississippi, South Carolina, Texas and Utah joined several private companies in an emergency challenge to the so-called “Biden vaccine mandate” on November 5. The U.S. Fifth Circuit Court of Appeals, in a non-published opinion, granted a temporary stay the next day, enjoining the Occupational Safety and Health Administration (“OSHA”) from enforcing and/or implementing the mandate.
The Court gave the Biden Administration two days to file a response to the petition that ultimately seeks a permanent injunction. A three-judge panel reaffirmed the temporary stay on Friday, November 12, pending full exhaustion of the case on the merits. But all indications point to the Fifth Circuit issuing a permanent injunction and the case going to the U.S. Supreme Court.
What’s being challenged is the Emergency Temporary Standard (ETS) by the Biden Administration, giving OSHA the power to enforce the President’s vaccine mandate. An ETS is an “extraordinary” power that has only been used 10 times in OSHA’s 50-year history. Only one of those ten survived court challenges, according to the Fifth Circuit three-judge panel. The instant ETS (86 Fed. Reg. 61,402; Nov. 5, 2021; to be codified at 29 C.F.R. pts. 1910, 1915, 1917, 1918, 1926, and 1928) is Biden’s vaccine mandate for all companies with more than 100 employees. It allows OSHA to fine companies with over 100 employees upwards of $14,000 per violation of the mandate.
Federal appeals court halts Biden vaccine mandate
The Petitioners argued that there is “cause to believe there are grave statutory and constitutional issues with the Mandate.” The federal courts only issue stays pending judicial review if the judges believe 1) the case is likely to succeed on the merits, 2) the Petitioners will be irreparably injured absent a stay, 3) the opposing party will not harmed in any way by the stay, and 4) there is public interest in the case. The judges ruled all factors favor the Petitioners.
The Fifth Circuit determined that the case is likely to succeed on the merits “for a multitude of reasons.” Not only did the Court imply that the Executive Order “grossly exceeds OSHA’s statutory authority,” but also presents serious Constitutional concerns. The Court noted that OSHA cannot satisfy the “grave danger” standard. The panel used Biden’s and the Centers for Diseae Control’s (CDC’s) own propaganda against them.
“And of course, this all assumes that COVID-19 poses any significant danger to workers to begin with; for the more than seventy-eight percent of Americans aged 12 and older either fully or partially inoculated against it, the virus poses—the Administration assures us—little risk at all.”
The Court also said it makes no sense that only companies with 100 or more workers are subject to the mandate if the goal is safety for all workers. Finally, the judges said the mandate violates the Commerce Clause of the Constitution because, “A person’s choice to remain unvaccinated and forgo regular testing is non-economic inactivity.” Only states may mandate vaccines, not the federal government. Read the full Fifth Circuit opinion here.
COVID Legal USA – Fighting Mandatory Vaccines
So what does all this mean for the average worker? The Fifth Circuit has direct jurisdiction over the federal courts in Louisiana, Mississippi and Texas. Thus, the Biden vaccine mandate is unenforceable in at least those states pending full review of the case. Regardless, the power of this Executive Orders lies in the willingness of so many companies to enforce it. There is simply no legal justification for The White House issuing nationwide vaccine mandates. The Fifth Circuit is the first federal court to affirm this fact; and it appears inevitable the Court will issue a permanent injunction.
