Legal rebuke: Federal appeals court orders Biden not to enforce ‘fatally flawed’ vaccine mandate
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Reaffirming an earlier order, a federal appeals court on Friday evening ordered President Joe Biden’s administration not to enforce its COVID-19 vaccine mandate for companies with more than 100 employees.
In its ruling, the Fifth Circuit Court of Appeals called the mandate “fatally flawed,” while ordering the U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) to “take no steps to implement or enforce the Mandate until further court order.”
Texas Attorney General Ken Paxton, who led the challenge against the mandate, applauded the court on Twitter.
“Citing Texas’s ‘compelling argument[s],’ the 5th Circuit has delayed OSHA’s unconstitutional and illegal private-business vaccine mandate. WE WON!” Paxton tweeted. “Litigation will continue, but this is a massive victory for Texas and for FREEDOM from Biden’s tyranny and lawlessness.”
According to Reuters, the White House has not yet responded to the ruling.
The Pelican Institute and Chicago-based Liberty Justice Center are representing businessman Brandon Trosclair, who owns 15 grocery stores in Louisiana and Mississippi, employing nearly 500 people. The groups hailed the decision.
“The Fifth Circuit’s decision to put a stop to the Biden Administration’s illegal vaccine mandate is a huge win for liberty and cements the reality that this mandate is an overreach by the federal government that would cause irreversible damage to American businesses and workers,” said Sarah Harbison, general counsel at the Louisiana-based Pelican Institute for Public Policy.
Under Biden’s direction, OSHA last week released details of the vaccine mandate, which seeks to require private employers with 100 or more workers to provide proof they are vaccinated against COVID-19 or submit to weekly testing. The mandate, which could affect an estimated 74 million American workers, includes a Jan. 4 deadline for vaccination.
The policy also would impose nearly $14,000 in fines per employee if businesses are caught letting their workers skirt the mandate.
“Today’s ruling marks a tremendous success because the court recognizes how this mandate would impair our liberty and infringe on our constitutional rights,” Trosclair said in a statement provided by Liberty Justice Center. “I am proud to be in this fight on behalf of not just my employees, but all Americans. It’s wrong for the federal government to order me to interfere in the private medical decisions of my team members or to impose insurmountable costs on my businesses.”
The same court last Saturday issued a temporary stay on the private sector vaccine mandate, citing “grave” constitutional concerns. In it’s Friday’s ruling, a three judge panel of the court added to its concerns.
“The Mandate threatens to substantially burden the liberty interests of reluctant individual recipients put to a choice between their job(s) and their jab(s),” the panel wrote.
The court also said “occupational safety administrations do not make health policy,” and it ordered that the private sector mandate “remains stayed pending adequate judicial review of the petitioners’ underlying motions for a permanent injunction. In addition, it is further ordered that OSHA take no steps to implement or enforce the Mandate until further court order.”
Other lawsuits also are pending.
An 11-state coalition consisting of Alaska, Arizona, Arkansas, Iowa, Montana, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming filed a lawsuit last week in the 8th U.S. Circuit Court of Appeals against OSHA.
BREAKING: Jussie Smollett Granted Release From Jail During Appeal For Hate Crime Hoax Conviction
On Monday, Jussie Smollett’s lawyers demanded the actor be released from prison after he and his family received “vicious threats” that supposedly raised concern for Smollett’s safety while in jail. This request was granted on Wednesday, allowing Smollett to be released from jail on bond while his lawyers appeal his conviction for staging a hate crime and lying to the police about it.
Back in December, Smollett, 39, was found guilty on five felony counts of disorderly conduct. Last week, the disgraced actor was sentenced to 150 days in jail, restitution to the city of Chicago of $120,106, and a $25,000 fine.
During his sentencing, Smollett claimed that he was not suicidal and that if he dies while in jail, it will be the result of foul play. He also maintained his innocence during his sentencing despite the overwhelming and irrefutable evidence against him.
“Your honor, I respect you, and I respect your decision,” said Smollett,” but I did not do this, and I am not suicidal. If anything happens to me when I go in there, I did not do it to myself, and you must all know that.”
Only days after being sent to the Cook County Jail, Smollett was placed in the psych ward, which prison officials claimed is standard policy for high profile criminals.
Smollett’s attorneys had insisted that he could be in danger of physical harm if he remained imprisoned at Cook County Jail, claiming their client was the target of “vicious threats”.
“Mr. Smollett has become the target of vicious threats in the social media forums which no doubt reflects the hatred and wish for physical harm towards Smollett which he may experience during incarceration,” the lawyers’ filing said.
Smollett’s brother has reportedly been “bombarded” with threatening phone calls, and the rest of the family has also received threats.
“Mr. Smollett anticipates he will most likely be assigned to segregated incarceration or protective custody, both euphemisms for solitary confinement; a situation which could have extraordinary damage on his mental health,” continued the filing. “As a result, any custodial setting poses a safety and health danger to the life of Mr. Smollett.”
Apparently, damage to a prisoner’s mental health is of the utmost importance in prison now. Jail, of course, is known to be a relaxing and enjoyable experience.
Regardless, since he was convicted of ‘non-violent” offenses, the court is allowing Smollett to be released from Cook County Jail on a $150,000 recognizance bond, which only has to be paid if he misses a court date.
VIDEO: Kim Potter Only sentenced to 16 months in prison for 1st Degree Manslaughter
Extreme Leniency: Kim Potter was just sentenced to 24 months (2 years) in prison with credit for 8 months time served, meaning her sentence is 16 months.
Judge Regina Chu said that this was the case of a “cop who made a tragic mistake. She drew her firearm thinking it was a Taser and ended up killing a young man.”
The court approved a downward departure from the typical sentence, as Chu said Potter never intended to use her firearm and the scene painted as chaotic. (guy sitting in car)
By Minnesota law, Potter was sentenced only on the higher charge of first-degree manslaughter. The maximum charge is 15 years, but for someone with no criminal history like Potter, guidelines range from between six and eight-and-a-half years.
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