As of late Friday, the 5th Circuit Court of Appeals ruled that Democrat President Joe Biden’s coronavirus vaccine mandate was “staggeringly overbroad” and should not be implemented.
According to a three-judge board in New Orleans, Biden’s mandate “massively surpasses OSHA’s legislative framework.” They stated that rather than a sensitively addressed scalpel, the mandate is a sledgehammer of a one-size-fits-all nature.
The mandate makes little effort to compensate for variations in places of work (and employees) that have more than little immediate influence on employees’ varying levels of receptivity to the seemingly “mortal peril” the mandate asserts.
Biden is openly violating a court order.
— Eric Matheny 🎙 (@EricMMatheny) November 8, 2021
According to Judges Kurt D. Engelhardt, Edith H. Jones, and Stuart Kyle Duncan, the imperative enforces financial pressures on enterprises, something which could conceivably infringe upon the Constitution.
They also wrote the mandate seeks to impose a cost burden on businesses by conscripting their involvement in OSHA’s legislative framework, exposing them to potential severe losses if they hesitate or refuse to cooperate.
Moreover, the mandate threatens to utterly destroy workplaces (and market opportunities) by forcing unwilling employees to participate in OSHA’s regulatory scheme.
Violation of the Constitution
Earlier this week, the court issued a temporary restraining order against the requirement, stating it could result in “grave statutory and constitutional concerns.”
The White House’s deputy press secretary replied to the verdict on Monday by noting the Biden presidency’s message to firms is they “must not delay” putting the measure into effect.
The Biden Administration is defying a court order blocking their unconstitutional vaccine mandate.
That’s not how our country works. He cannot act like a tyrant.
— Catalina Lauf (@CatalinaLauf) November 12, 2021
Biden Still Ignores Lawsuit
The mandate applies to all enterprises with 100 or more employees and it obligates those businesses to monitor the vaccination status of their personnel per the law. The Daily Wire (a conservative publication that has more than 100 staff members) falls under the purview of the mission.
As part of its lawsuit, The Daily Wire claims that President Biden’s executive order is unlawful. The Daily Wire also argues the Biden presidency broke federal law when it drafted this broad vaccination mandate. Meanwhile, Biden has not responded to the case.
A statement from Jeremy Boreing, co-founder and co-CEO of The Daily Wire, explained the company’s decision. Boreing stated The Daily Wire is not the federal government’s enforcement arm.
Boreing added attempting to force Americans to pick between their jobs and their freedoms is an egregious abuse of power. Furthermore, his business will not be a party to such abuse.
Finally, he also stated The Daily Wire would not be responsible for any costs associated with executing this testing regime. Moreover, they will not be liable for the consequences of their actions if they interfere with their workers’ private healthcare decisions and personal information.
Finally, Boreing stated also The Daily Wire’s organization was formed to stand up against oppression and they will continue to do this.