Joe Biden is now facing more problems in his efforts to mandate vaccines for Americans.
The 5th Circuit upheld the OSHA rule’s stay against the imposition on 100 employees or less private business with the vaccination mandate. While it wasn’t ruling on the underlying merits of the case, the 5th Circuit indicated that there were a lot of constitutional issues with the OSHA Emergency Temporary Standard (ETS).
The Court called the mandate both “overinclusive” and “underinclusive,” “staggeringly overbroad,” and basically derided the Biden Administration’s effort to call it an ’emergency’ — when the threat has been going on for two years and OSHA didn’t even get around to making up the text of the rule for two months.
This was a sign that the Biden team would be trouble once the case was decided on its merits. As we noted, the Court took into consideration the intent of the Biden administration, even citing the Ron Klain retweet of Stephanie Ruhle calling the effort “the ultimate work-around” to be able to impose a vaccine mandate on private businesses.
In September Sen. Ted Cruz was elected to the 5th Circuit. pic.twitter.com/8YhuP0QBWo
— Steve Guest (@SteveGuest) November 13, 2021
Numerous legal issues were raised regarding the ETS. These were consolidated, and the 6th Circuit was chosen by lottery to hear all the cases.
Now, the 6th Circuit has issued a decision on several motions in this case.
NEW: Sixth Circuit denies government’s motions to transfer and to hold the #OSHA vaccine mandate case in abeyance. pic.twitter.com/4dWeXviQ7H
— Election Wizard (@ElectionWiz) December 3, 2021
Translation: OSHA wanted the government to move the case to Washington D.C. OSHA attempted to slow down the process.
It was rejected by the court.
— Election Wizard (@ElectionWiz) December 3, 2021
Most important is the fact that motions were made to transfer cases to the 5th Circuit or the D.C. Circuit Court. These motions were rejected, which was a huge blow for the Biden team. They might have hoped to get a favorable decision from the D.C Circuit. The 6th Circuit is more conservative in general, so that can’t make the Biden team very happy. It also rejected the motion to abeyance.
The government moved to dissolve the stay in place; the Court said responses to the government’s motion had to be filed by Dec. 7, and the government has to respond by Dec. 10. The 5th Circuit’s finding and the potential harm it could cause to the businesses, I believe it unlikely that the 6th Circuit will dissolve the stay.
In the coming weeks, expect another Biden Administration smackdown on this matter. Joe Biden’s losses on the matter just keep stacking up.
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