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Court Nixes Biden Vaxx Mandate... For Now

The 5th Circuit Court of Appeals on Saturday temporarily halted the Biden administration's vaccine requirement for businesses with 100 or more workers, as a response to a lawsuit filed

by five states, including Texas, Mississippi, and various private parties.

The court’s decision came in response to a joint petition from entities in Texas, Louisiana, Mississippi, South Carolina, and Utah. You can read the order through this link.

The 5th Circuit Court of Appeals granted an emergency stay of the requirement by the federal Occupational Safety and Health Administration that those workers be vaccinated by Jan. 4 or face mask requirements and weekly tests.

At least 27 states filed lawsuits challenging the rule in several circuits, the 5th Circuit, based in New Orleans, said it was delaying the federal vaccine requirement because of potential "grave statutory and constitutional issues" raised by the plaintiffs. The government must provide an expedited reply to the motion for a permanent injunction Monday, followed by petitioners' reply on Tuesday.

Louisiana Attorney General Landry said, “The Court’s action not only halts Biden from moving forward with his unlawful overreach, but it also commands the judicious review we sought. The President will not impose medical procedures on the American people without the checks and balances afforded by the Constitution.”

"Citizens of Utah can take courage that their elected leaders have confronted this unprecedented expansion of presidential power with a united front and that the courts are paying attention," said Utah Attorney General Reyes.

“Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate,” Texas Attorney General Ken Paxton tweeted on Saturday. “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!”

The Biden Vaccine mandate purports to use an emergency order through the Occupational Safety and Health Administration, the regulatory agency within the U.S. Labor Department that governs workplace safety, not public health. OSHA’s emergency order requires all employers with 100 or more employees to demand that their employees either be fully vaccinated by Jan. 4 or get a COVID-19 test at least once a week.

Law professor and former Justice Department official John Yoo in an op-ed for the Dallas Morning News explained the case against Biden’s vaccine mandate this way:

… the commerce clause cannot transform a limited federal government into a general power to control everything and everyone in the country. Our federal system reserves the leading role over public health to the states. The states possess the “police power” to regulate virtually all activity within their borders, such as crime and justice, public safety, family relations, property, contracts and accidents. As the Supreme Court has recognized, safeguarding public health and safety presents the most compelling use of state power. Only the states can impose quarantines, close businesses and schools, and limit intrastate travel and only governors can impose vaccination mandates on state residents.

Even if the president could find some source of authority granted by Congress to regulate all businesses, he could not enforce his orders with federal power alone. In New York vs. United States (1992) and Printz vs. United States (1997), the Supreme Court expressly forbade Congress from “commandeering” state officials into enforcing federal commands. If the federal government were to demand that virtually all businesses force their workers to be vaccinated, it could only call upon federal officials to execute it. Will OSHA inspectors suddenly and systematically spy on every medium and large business, determine if tens of millions of workers have received vaccinations, and levy millions in fines and overload the federal courts with millions of cases? Washington simply does not have enough resources to manage such a vast task. The FBI, the closest we have to a national police force, has fewer agents than the NYPD has sworn officers.

Prof. Yoo closed by saying, “…Biden should rely more on encouragement and less on command, where he remains on dubious legal ground. If he wants to overcome the contrary views of 80 million Americans about their personal health care decisions, he should not seek to deprive them of their livelihoods.”

At least 26 states on Friday filed or joined lawsuits opposing President Joe Biden's vaccine mandate. "This mandate is unconstitutional, unlawful, and unwise," said a filing by a coalition of 11 states.

However, this battle is far from over, as Ilya Somin, Professor of Law at George Mason University explained in an article for Reason magazine, “Even if the Fifth Circuit panel ultimately rules against the Biden administration, that won't necessarily be the end of the legal battle over this issue. Much depends on how broad the ruling is, and on what grounds. It's possible OSHA could respond to a narrow ruling against it by limiting the scope of the mandate or adjusting it in some other way. It's also possible that a lower-court ruling against OSHA might be reversed or limited by the Supreme Court.”

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405 views6 comments


If COVID were as deadly as portrayed, and if the vaccines were as effective as claimed, and if the vaccines were as safe as claimed, there would be no need for government coercion.

Replying to

How true. These vaccines are deadly and woefully ineffective. And the Fourth Estate is failing to report on how many deaths and adverse reactions they have caused. These vaxxes have killed more people in a year than all other vaccines combined the last 30 years . . . !


Lisa Pineda
Lisa Pineda
Nov 08, 2021

I have three neighbors that have been fully vaccinated. All three came down with covid a short time later and one is in the hospital fighting for his life. Another friend took the covid vaccine on Sat. collapsed on Wed died on Sunday. I have heard many stories how people have had adverse reactions to this vaccine. Of course you sign documents that you release them from any liabilities if you have an adverse reaction. No disclaimers on this vaccine, no health warnings like you see on TV for all the other drugs they are advertising. So Why Is That?

Replying to

The government and the vaccine manufacturers have both been freed from any legal ramifications from adverse reactions to these deadly vaccines. I will never receive it. No one should.


We can only hope more and more Americans will say no and refuse these deadly and ineffective vaccines.


Charles Wilkins
Charles Wilkins
Nov 08, 2021

President Putz our lame dick president, international joke,National disaster, knows not what he says only what he is told. We have a president who does not accept responsibility for his actions, his words, his self created crisis against the American people,we are looking at the total demise of the democrat party, 2022, will doubt there will be many democrats being elected and or reelected, they are laughing now, let's not forget the old chiche he laughs last, will laugh best. Biden and his energy secretary granholm have declared war on the fossil fuel industry and laugh at the public when askedabout increasing oil production to help Americans, who will suffer higher costs, this winter with much higher heating cost a…

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