A federal appeals court on Saturday temporarily blocked the Biden administration’s coronavirus vaccine mandate, suggesting it raises “grave statutory and constitutional issues.”
Last week, the White House announced a vaccine mandate run through the Occupational Safety and Health Administration – or OSHA.
As such, businesses are facing fines of up to $14,000 per violation of a vaccine mandate which is set to hit companies with more than 100 employees on January 4th.
All workers will be required to be fully vaccinated by the early January date or submit to weekly COVID testing. Private companies could see fines up to $136,532 for repeat offenders.
A petition was filed with the U.S. Court of Appeals for the Fifth Circuit in Louisiana by the Texas Attorney General, along with a group of businesses, religious groups, advocacy organizations, and several other states.
The fight for liberty is on. Round one to the people!
The 5th Circuit has temporarily blocked the Biden Administration’s OSHA vaccine mandate.“Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate …”#moleg pic.twitter.com/5IPCZPFx9N
— Jim Murphy Missouri 94th House District (@jmmurphy8) November 6, 2021
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A three-judge panel on the 5th U.S. Circuit Court of Appeals – one nominated by Ronald Reagan and the other two appointed by Donald Trump – delivered a temporary blow to Biden’s vaccine mandate.
The regulation is being blocked, according to a written order signed by the deputy clerk, “because the petitions give cause to believe there are grave statutory and constitutional issues with the mandate.”
“This is an assault on our liberty unlike anything we’ve ever seen.” — @RepJimBanks blasts Biden’s vaccine mandate on the NEW episode of The Laura Ingraham Show. Subscribe to @QuakeMedia to listen: https://t.co/k2zVoMLkqP pic.twitter.com/AUuxCgeysF
— Laura Ingraham (@IngrahamAngle) November 7, 2021
The Biden administration now has until 5 p.m. Monday to respond to the group’s request for a permanent injunction regarding the vaccine mandate.
Texas’ Republican Attorney General Ken Paxton celebrated news of the temporary victory for freedom on social media.
“We won,” he tweeted Saturday. “Just this morning, citing ‘grave statutory and constitutional issues,’ the 5th Circuit stayed the mandate.”
Paxton added, “The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach!”
Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate.
WE WON. Just this morning, citing “grave statutory and constitutional issues,” the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach! pic.twitter.com/okt2vkNRKo
— Texas Attorney General (@TXAG) November 6, 2021
An Uphill Battle For Biden
The New York Times is reporting that the stay issued by the federal appeals court signals an “uphill battle” for President Biden’s vaccine mandate.
The move, they write, “provided momentum for a wide coalition of opponents of the rule” though it is unclear if the court’s order represents a “procedural blip” or “the first step in the unwinding of the mandate.”
Hey Joe Biden : Next time you try to impose an unlawful federal vaccine mandate on the private sector give me a call FIRST . I have 30 years experience as a civil rights and constitutional lawyer. I will stop you from embarrassing yourself.
— TheLeoTerrell (@TheLeoTerrell) November 6, 2021
Florida also filed a lawsuit against the Biden vaccine mandate in regards to contractors.
“It’s important for us to take a stand,” Governor Ron DeSantis said. “Tossing people aside is just not something we can tolerate here in the state of Florida, so we are going to do everything we can.”
Court documents for that lawsuit describe the mandate as a “radical intrusion on the personal autonomy of American workers.”
MANDATES: Gov. Ron DeSantis (R-FL) announces lawsuit against Biden Administration over mandates. pic.twitter.com/oFnJWvfwNY
— Forbes (@Forbes) October 28, 2021
Kansas Governor Laura Kelly, a Democrat, recently announced that she too opposes President Biden’s vaccine mandate.
“Yesterday, I reviewed the new vaccine mandate from the Biden Administration,” she said in a statement released Friday.
“While I appreciate the intention to keep people safe, a goal I share, I don’t believe this directive is the correct, or the most effective, solution for Kansas,” Kelly added.
Governor Laura Kelly’s statement addressing the new federal vaccine mandate: pic.twitter.com/lAFAs3pQLK
— Governor Laura Kelly (@GovLauraKelly) November 5, 2021
The White House on Sunday remains confident that the vaccine mandate will be upheld.
White House chief of staff Ron Klain told NBC’s “Meet the Press” that the forced vaccine is just “common sense.”
“I’m quite confident that when this finally gets fully adjudicated, not just a temporary order, the validity of this requirement will be upheld,” said Klain.
President Biden in September lashed out at Americans who refuse to get vaccinated against their will.
“We’ve been patient, but our patience is wearing thin, and your refusal has cost all of us,” he said.
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