Fifth Circuit Affirms Its Stay of Joe Biden’s Vaccine Mandate

Joe Biden’s vaccine mandate is playing out like we thought it would, which is to say, being challenged and going toward the grave in federal court. Ultimately, the Supreme Court will kill it like the eviction moratorium although who know how long that will take again.

National Review:

“This evening, the Fifth Circuit reaffirmed its stay of President Biden’s illegal federal vaccine mandate. Setting the order in context, the court recorded that

“in its fifty-year history, OSHA has issued just ten ETSs. Six were challenged in court; only one survived.”

This one was not among them. Having considered whether “the petitioners’ challenges to the Mandate are likely to succeed on the merits,” the court decided that, “for a multitude of reasons, they are.” …

Summing up, the court savaged the move in every possible way. “The Mandate,” it wrote, “likely exceeds the federal government’s authority under the Commerce Clause because it regulates noneconomic inactivity that falls squarely within the States’ police power,” because “a person’s choice to remain unvaccinated and forgo regular testing is noneconomic inactivity.” “To mandate that a person receive a vaccine or undergo testing,” it added, “falls squarely within the States’ police power.” In addition, “concerns over separation of powers principles cast doubt over the Mandate’s assertion of virtually unlimited power to control individual conduct under the guise of a workplace regulation.”

Oh, and the whole thing relies upon “authority from an old statute employed in a novel manner, imposes nearly $3 billion in compliance costs, involves broad medical considerations that lie outside of OSHA’s core competencies, and purports to definitively resolve one of today’s most hotly debated political issues.” …”

The damage has already been done in lots of places.

New York Times:

“WASHINGTON — A federal appeals court has kept its block in place against a federal mandate that all large employers require their workers to get vaccinated against the coronavirus or submit to weekly testing starting in January, declaring that the rule “grossly exceeds” the authority of the occupational safety agency that issued it.

In a 22-page ruling issued on Friday, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, held that a group of challengers to the mandate issued by the Biden administration was likely to succeed in its claim that it was an unlawful overreach, and barred the government from moving forward with it.

“From economic uncertainty to workplace strife, the mere specter of the mandate has contributed to untold economic upheaval in recent months,” Judge Kurt D. Engelhardt wrote.

He added: “Of course, the principles at stake when it comes to the mandate are not reducible to dollars and cents. The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions — even, or perhaps particularly, when those decisions frustrate government officials. …”

This is the key paragraph.

“Some large employers have already decided on their own to impose vaccine mandates on their workforces, including 3MProcter & Gamble, IBM, Tyson Foods and the airlines American, Alaska, JetBlue and United. Most workers have complied, though a small number have quit. …”

The federal OSHA vaccine mandate will go nowhere, but what will stop these tyrannical corporations from imposing their own mandates? It is the same situation with Big Tech. The Democratic Party is unable to wield government power to censor speech, but it just outsources speech policing to Silicon Valley. The final result is that millions of people are abused by the Democrats through raw corporate power.

About Hunter Wallace 11895 Articles
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47 Comments

  1. “Ultimately, the Supreme Court will kill it like the eviction moratorium although who know how long that will take again.”

    I’m not holding my breath. Roe v. Wade still stands, doesn’t it? And Obergefell should never have even made it to their desk. Public Stoning for unrepentant sodomites.

    Q.E.D.

      • It’s NOT the corporations. It’s a form of extortion to tell companies and vendors they will lose business if they don’t force their employees to get the vax, and fire them if they don’t.

        Companies do NOT want to deal with this crap. If they lose thousands of workers you can bet it is going to affect everything. No business wants to get involved in this.

        The government is using companies to muscle their workers into this. It sure is a sign that the vaccines are not really safe, because of the way they are pushing them.

        This is all coming from the Federal government. They are obviously going to win this, and people should wonder what the next patriotic-act-style decree will be.

          • The solution is for Congress to stop Biden…mandates or not, from forcing corporations to force their employees. There doesn’t even need to be a mandate, as they are going to deny businesses contracts or any kind of work connected with the government, which is far reaching.
            It is Congress’ job to oppose the Executive branch. If they don’t, we have a dictator on our hands. There’s no point in trying to convince Biden that he is wrong, or out of line, or overstepping the Constitution, because his role is to subjugate us. Biden and his handlers do not care about fairness or upholding the Constitution.

      • Yanking Federal funds is enough to make most Universities and contractors roll over and take the Vaxx up the ass and scream for more. I still think the Supreme Court will cave to the Volcano Demon tho.

        • Most companies and businesses in the US are affected by this. I notice a lot of people just don’t seem to get this, and focus on other things. Most companies have some kind of connection with the government down the supplier chain line or in some way of doing business. From the big defense contractors, to everything in medicine, to a small business that makes just one part…we are all affected out here.
          The only people I know, who aren’t concerned about this, don’t have a job.

        • @KT-88,

          It’s the universities cucking to the Cohen-19 mandate that has all those college students chanting “Fuck Joe Biden. ”

          Outside of the mandatory vaxx, those college aged zoomers probably support Ron Klain’s administration.

          • There’s millions of us out here in the private sector who will lose our jobs due to this Federal contracts removals. Millions. It’s not even the Federal or govt workers. It’s us.

            There’s so many Americans who will be forced to work underpaid, low rent jobs to survive. I don’t know how there are so many people NOT affected, because every single person I know is…

  2. “Joe Biden’s vaccine mandate is playing out like we thought it would”:

    Of course it will. It was just a pretense, a way for the U.S. to appear to want to try to control the disease, while it concentrates on the real business of U.S. government, which is: supporting the profits of big business.

    Voluntary vaccination with no mandates at all works very well in China, where most of the population, including the young, were vaccinated within just two or three months by personal choice. Almost the entire population is now double-vaccinated, by personal choice, except medical workers and miltary who were required. I suppose some very rural, isolated, Tibetan and Mongolian livestock herders may have been missed.

    The incidence of Covid in the U.S. is already at least 500 times more per capita than in China, and the ratio is still increasing. Covid is surging in the U.S. now, while the only cases in China are from seaport and airport arrivals and border crossings, and they are thoroughly traced and quarantined so that even the extremely infectious Delta strain is quickly stamped out.

    The struggle of humanity against disease must be more than individual, more than local and more than national. It must be international, planet-wide, and it must be rational, scientific, not emotional, and not for profit!

  3. Invest in “health” care stocks now. Think of the billions and billons of dollars that are yet to made on this disease while pretending to try to control it!

    But beware of being caught yourself in the U.S.’s NON-public “health” system, that is the most expensive, complicated and profitable health system in the world, which is not really about health care at all, but you will find it is all about “owing, billng and paying”: https://web.archive.org/web/20180302013819/http://www.michaelparenti.org/free_market_health_care.html

    “John Mackey, CEO of Whole Foods, cheerfully announced that medical care is not a human right; it should be ‘market determined just like food and shelter.’ Nobody has a higher opinion of John Mackey than I, and I think he is a greed-driven, union-busting bloodsucker. Nevertheless I will give him credit for candidly admitting his dedication to a dehumanized profit pathology. The U.S. medical system costs many times more than what is spent in socialized systems, but it delivers much less in the way of quality care and cure. That’s the way it is intended to be. The goal of any free-market service—be it utilities, housing, transportation, education, or health care—is not to maximize performance but to maximize profits often at the expense of performance. If profits are high, then the system is working just fine”: https://web.archive.org/web/20201111164525/http://www.michaelparenti.org/free_market_medicine.html

    • “But beware of being caught yourself in the U.S.’s NON-public “health” system, that is the most expensive, complicated and profitable health system in the world, which is not really about health care at all, but you will find it is all about “owing, billng and paying”:

      110 percent truth. They will try to get you to see as many doctors and fill you with as many drugs as possible.

  4. I got a text from a buddy of the last night saying his 15 year-old cousin is in the hospital with pericarditis after getting the shot.

    • There’s a lot of side effects with the vax. That’s why most people do not want to get it. It isn’t effective at keeping Covid away. So you really have to wonder what it’s about.

    • My brother is in a nursing home shitting in his pants and has no cognitive awareness because he took the “covid” shot. My uncle died from a ‘mysterious” blood disease from taking the “covid” shot after being healthy all his life until he took the “Vaccine” My brother is in isolation because he tested positive from “covid” without any systems of fever, cough sore throat. etc.Millions of “covid” tests have been recalled due to false positives. Come on people, wake up, you been lied to again.

  5. Well of course this goes to the Supreme Court, where Chief Justice John Roberts can be reminded of his name on Jeffrey Epstein’s flight logs, and also his 1990s technical ‘child trafficking’ to evade Irish law and acquire his adopted kids via an illegal South American handover. No doubt ‘control files’ on other ‘justices’ there as well.

    Powerful piece of related news, from top science writer Alex Berenson, with poor countries proving that ‘no vaccine – no epidemic’. Only vaxed countries, nearly all white, have ‘covid epidemics’ now, seriously.

    2 billion brown people in crowded poor countries, hardly any vaccines … and they crushed covid out, India Indonesia & all over the brown world, poor sweaty unvaxed people living on top of each other are ok, covid cases are minimal after brief flu-type spikes.

    Only vaxed countries are having problems, gov-trusting white people sick after the vax and getting sicker, with mostly vaxed now in hospital too. Data charts on Alex Jones’ site as below, and on the link there to Berenson’s home on Substack
    https://www.infowars.com/posts/how-are-these-poor-overpopulated-nations-with-low-vax-numbers-crushing-covid/

    • “no vaccine – no epidemic”:

      “No epidemic”? Ha! Poorly vaxxed countries are also poorly tested. There is just an extreme lack of data.

      “brown people in crowded poor countries, hardly any vaccines (…) crushed covid out, India Indonesia & all over the brown world, poor sweaty unvaxed people living on top of each other”:

      That is another Antivaxx Cult belief that is easily disproven by mass graves and massive excess death tolls in poor countries with very limited testing that appear to have “very few cases.” Laissez faire (capitalist) India, Peru, Brazil, South Africa, etc. could never “crush out” Covid. The “strategy” of letting it rip and create billions of cases (and millions of excess deaths) in poor countries was bound to CHURN out many new impoved variants, like Mu and Delta that are now plaguing the rest of the world. Poor (exploited) countries with capitalist “health” systems are vast laboratories producing new diseases. Superwealthy elites and upper classes are protected and do not care. The Antivaxx and Pandemic Denial Cult serves the system by confusing the people. If APD (Antivaxx Pandemic Denial) did not exist, Big Pharma and other big business would need to invent it.

        • It does work, proven by the production of effective B and T antibodies often in greater quantity than cases of natural immunity. It is true that many vaccinated people are being sickened with the new “improved” Delta strain, but so are many people who thought they had acquired natural immunity to Delta by infection with an earlier strain. So neither kind of immunity is perfect. What needs to be done is to completely eradicate the disease.

          Besides Moderna, Pfizer, Sputnik, Sinovac and other Covid vaccines already in use, there are around 250 other vaccines being tested or under development for Covid, many of them working on different principles, some given by nasal spray rather than injection, but probably none of them works perfectly. Note that many vaccines for other diseases such as influenza, pneumonia and whooping cough are just as “leaky” (don’t give 100% protection). as the well-known Covid vaccines. Vaccines that work perfectly are the exception not the rule.

          SARS CoV-2 is a serious disease that can be eradicated and does not need to become endemic like influenza, but big business doesn’t care and workers are mostly science-illiterate, confused and divided.

          • CDC reports 50% rate of Covid among the vaccinated. You might try to insult me by calling me confused or illiterate, but you don’t know what I do for a living.

            You totally ignore the complications with the vax that are life altering. Why would anyone risk myocarditis, blood clots, or other complications, when the vaccine has such a low effectivity rate.

    • Corporations are being forced into this. Please read up and understand what is going on. If a company is told by the government that they will not get contracts or have business done with, they could go out of business.
      Even if you don’t care about the company, think about the thousands of lives affected without jobs.

  6. Look for Biden to attempt to use various other government agencies and bureaucracies to enforce mandates. My guess is that the department of transportation will implement some kind of interstate travel restrictions.

  7. “The Democratic Party is unable to wield government power to censor speech, but it just outsources speech policing to Silicon Valley. The final result is that millions of people are abused by the Democrats through raw corporate power.”

    That’s why both the feds AND the (((corporations))) must be stopped by the courts. Or by some other force.

    • I work for a private sector company, who does indirect work for the government. We got the mandate last week.
      I’ve seen too many people with life changing side effects from it, to even consider getting it.
      Either we get the mark of the beast, and suffer something, perhaps in the future, or we lose our ability to earn a living.

      How many others here are under the same? I can’t be the only one. There’s so many companies affected by this.

        • I’ve seen online where a lot of men, under 40, have either pericarditis or myocarditis, due to the Vax. This is vaccine injury, it’s not some termp condition that just goes away.
          One guy, who had been an athlete, put up a Youtube on this, how he was in great shape, got the vax, and went through hell. His heart will never be the same again.
          How could a vaccine just target young males? Doctors are now acknowledging young males are being affected, but who would want something like that?

  8. The federal OSHA vaccine mandate will go nowhere, but what will stop these tyrannical corporations from imposing their own mandates?

    The same thing that would have stopped all measures decreed or enacted to control the ‘pandemic’ to date: mass non-compliance — the Biden admin already admitted it’s impossible to enforce the mandate, so they will rely on ‘whistleblowers’ (they meant snitches, but called them ‘whistleblowers’; I guess they want to corrupt the meaning of that word too).

    • That’s not how it works. They don’t need a real law or mandate. The Federal Government will just pull contracts and business from thousands of private sector businesses.
      If you don’t have all of your people vaccinated, a needed vendor can tell you to forget it.

      People think they need some “law”, but they are threatening businesses, many of whom do work or services solely for the government.

      By threatening the businesses, they have them threaten the employees. If they lose or fire employees, that will impact their business, too, as key workers can’t just be easily replaced.

      • >key workers can’t just be easily replaced

        That’s right — and if enough ‘key workers’ refuse to comply/accept being vaccinated, that will make the mandate moot, right?

        Duh.

        So yes, that is ‘how it works’ — that’s why I said mass non-compliance — everyone knows these mandates are wrong (for several reasons) — there must be enough people with enough self-respect and enough personal courage to obey their conscience and not comply.

        • I agree, but that is not reality. Too many people ran out and got the vax when it came out, and people who don’t even need to work go and get it out of fear.
          It’s too bad those people don’t see that by not getting it, they are helping us.

    • Congress and the SCOTUS do not have to get the vax. Neither do Mexicans. Just whites. You can bet they won’t force blacks or any “minority’ to do this to keep their jobs.

      • I know, brother. I bet the ones in congress getting the so called vaccine are getting B-12 shots. I bet Biden got the B-12 shot also.

        • Both Coney Dog and Kavanaugh both voted against allowing religious exemptions from the mandates. I had figured them both as liberals and this confirms that.

  9. Vaccine passports are a key part of the Jew plan of one world government to be ruled over by the Moshiach,…….you know, the anti-Christ. Do you want to be ruled over by the man of sin?

  10. Workers want better health protection but the corporations, fake labour unions and government want to maximize profit and only pretend to care about workers’ health. The mandate is inadequate and it is a pretense.

    Antivaxx cult propaganda actually supports the system by confusing the people, making many of them oppose even the inadequate mitigation measures and be satisfied with doing nothing.

    • Yeah, there’s obvious controlled ops, with people going on about worms, morgellons, and some questionable “doctors” obviously trying to make anyone who is against the vax look crazy.

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