The White House’s Twitter Blather Bites Them as the 5th Circuit Slaps Down Biden’s Vaccine Mandate – Opinion

As RedState reported, the 5th Circuit Court of Appeals refused to lift the stay on Joe Biden’s vaccine mandate for private businesses last night. That came after the court gave the administration a week to respond to the challenge that the “emergency” OSHA regulation produces “grave” constitutional questions. Evidently, judges weren’t influenced.

But while the decision itself is the biggest news here, inside the court’s decision is something that’s just amazing. First, let me explain.

Ronald Klain, who serves as Biden’s chief of staff, has this uncontrollable habit of retweeting wildly partisan messages. That’s most often manifested itself in him pushing tweets from crazed Washington Post columnist Jennifer Rubin. But he branches out, and in one instance he retweeted MSNBC’s Stephanie Ruhle, another rabid liberal who routinely puts out terrible takes.

However, that was actually the 5th Circuit’s evidence against White House.

5th Cir. 5th Cir. pic.twitter.com/jOK9YcWiPu

— Brad Heath (@bradheath) November 13, 2021

This resulted in a lot of tooth gnashing. What court could possibly use Twitter as part of a ruling basis? It would be a terrible and unprecedented practice. After all, tweets and retweets shouldn’t be taken seriously.

It is a great thing that the Fifth Circuit has been doing legal research. Is it in the Constitution? @SRuhle ‘s off the cuff comments are stare decisis?

— Jeff Leon (@jeffaleon) November 13, 2021

For court reform, the 5th circuit provides sufficient support.

— Edward Utyro (@EUtyro) November 13, 2021

I note the whining about the court’s choice to include Klain’s retweet in their decision, because I find the hypocrisy to be absolutely hilarious. Remember, this is the same left that spent years insisting that Donald Trump’s retweets and tweets constituted obstruction of justice. We had an entire special counsel where Robert Mueller’s final report cited dozens of Trump tweets. Yet, when the tables turn, suddenly it’s out of bounds to cite Twitter activity.

I believe the court was correct to conclude that Klain is wrong. Klain only tweets what he agrees to, and the mandate from the start has been an unconstitutional, dishonest workaround for doing something that’s likely not constitutional. A two-month process to create an emergency rule and two more months for it to become effective? Give us all a break, never mind that the vaccines don’t stop people from spreading COVID-19, which blows up the entire justification for mandates and providing proof of vaccination.

Still, it’s funny to see something the left hung their hat on for four years now be denigrated because it’s being used against them.