Can the president get private businesses to mandate vaccines via back door bureaucratic maneuvering that is designed to subvert the Constitution? One US Court of Appeals district has said not so fast. From Tyler Durden at zerohedge.com:
One wouldn’t know it by scanning the front pages of say WaPo, NYT or Bloomberg where it wasn’t even mentioned, but late on Friday a bad week, month and year for the scrambling Biden administration – which in addition to the recent disaster in Virginia where a public referendum on “wokeness” saw the public overwhelmingly vote down the Democrats’ attempt to subvert social norms, is also facing the worst inflationary inferno since Nixon ended the gold standard – after a U.S. appeals court upheld its decision to put on hold Joe Biden’s unconstitutional order for companies with 100 workers or more to demand COVID-19 vaccines, rejecting a challenge by his administration.
A three-member panel of the 5th U.S. Circuit Court of Appeals in New Orleans affirmed its ruling despite the Biden administration’s position that halting implementation of the vaccine mandate could lead to dozens or even hundreds of deaths. No Nov 6, the Fifth Circuit granted a temporary stay on enforcement of the federal mandate, one day after the rule was announced. In its reaffirmation Friday, the court said the mandate “exposes [petitioners] to severe financial risk” and “threatens to decimate their workforces (and business prospects).”
“The mandate is staggeringly overbroad,” the opinion said adding that the vaccine mandate “raises serious constitutional concerns” and “likely exceeds the federal government’s authority.”
“The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers),” Circuit Court Judge Kurt Engelhardt wrote for the panel.