“Freeze!” His Wisdom Joe Biden got another kick in the face on Saturday. A federal appeals court told him what he can do with his vaccine mandate while issuing a stay of the Imperial Decree. The police may have been defunded into impotence but the courts are still capable of doing something to preserve the rule of law. Until the Fifth Circuit has a chance to get a good look at what the palace is trying to pull, the vaccine mandate is on ice.
Court calls a halt
On Saturday, November 6, the U.S. Court of Appeals for the Fifth Circuit issued an emergency stay of the palace vaccine mandate which “would have required companies with at least 100 employees to get vaccinated for the coronavirus or be tested weekly.”
The ruling notes that the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard has some questionable provisions.
The circuit judges agreed that “the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate.” Because of that, “the Mandate is hereby STAYED pending further action by this court.”
Daily Wire was the first to run up the courthouse steps with litigation when OSHA slammed down the heavy handed requirements. They have more than 100 employees, so they’re affected and it gives them a leg to stand on.
They don’t try to “take a position on whether someone should receive the vaccine or not.” They’re only furious with “Biden’s mandate, announced earlier this year and unveiled on Thursday morning.”
His Imperial decree “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.” They went to court seeking “to overturn Biden’s executive action, arguing that the order is unconstitutional and that the Biden administration violated federal law in drafting it.”
Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate.
WE WON. Just this morning, citing “grave statutory and constitutional issues,” the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach! pic.twitter.com/okt2vkNRKo
— Texas Attorney General (@TXAG) November 6, 2021
Stand against tyranny
Daily Wire co-founder Jeremy Boreing gave a passionate statement to the press, refusing to do Biden’s bidding. “We’re not the enforcement arm of the federal government.” The court seems to agree.
“Forcing Americans to choose between their livelihoods and their freedom is a grotesque abuse of power and we won’t be a party to it. We will not incur the cost of implementing this testing regime. We will not incur the liability of inserting ourselves into the private health decisions and information of our employees. Our company was founded to stand against tyranny, and we will.”
Justice Department officials in several states are standing up with Daily Wire in court, filing concurrent litigation.
Attorney General Ken Paxton of Texas told reporters “yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate. WE WON. Just this morning, citing ‘grave statutory and constitutional issues,’ the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach!”
Louisiana’s Attorney General Jeff Landry agrees. The stay issued by the court “not only halts Biden from moving forward with his unlawful overreach, but also commands the judicious review we sought.” It will be a cold day in the swamp when the Imperial Palace can “impose medical procedures on the American people without the checks and balances afforded by our Constitution.”
Patrick Morrisey, the AG for West Virginia added, “We’re diving deeper into how this impacts the entire country, but this is obviously very good news & consistent with our belief that Biden’s vaccine mandates are unlawful, unconstitutional & just wrong!” No wonder “Let’s Go Brandon” signs and stickers are popping up everywhere.
