Biden Administration Pushes Mandate Despite Court and OSHA, by Jeffrey Tucker

So much for the rule of law. From Jeffrey Tucker at brownstone.org:

The Biden White House is demanding that American businesses comply with a vaccine edict that profoundly affects the lives of 80 million people and massively increases compliance costs for private businesses. And it is doing this despite a court order to the contrary. It is further doing this despite an announcement from the relevant regulatory agency that it will neither implement nor enforce the order.

“Our message to businesses right now is to move forward with measures that will make their workplaces safer and protect their workforces from COVID-19,” Jen Psaki told reporters. “That was our message after the first stay issued by the Fifth Circuit. That remains our message and nothing has changed.”

The Epoch Times comments:

Despite OSHA’s decision and the legal challenges, Psaki said the Biden administration is confident that it has the authority to implement the rule and confirmed the White House is still working under the guise that businesses will implement the mandate by Jan. 4.

The court said very plainly that it does NOT have the authority. The 6th Circuit is going to hear the case soon too, and it is nearly certain to decide along the same lines at the 5th Circuit. The Biden administration will appeal to the Supreme Court but the logic and arguments of the lower court are so solid that it is highly doubtful that the highest court will reverse the lower courts.

In other words, the edict seems headed for the dustbin of juridical history. But what does the Biden administration care?

OSHA has posted on its website as follows:

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.

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