The U.S. Supreme Court will hear arguments on Jan. 7 over Joe Biden’s demands that Americans take the experimental COVID-19 shots.
In an announcement, the court said, “Consideration of the applications … for stay presented to Justice Kavanaugh and by him referred to the court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022.”
The Daily Wire reported the mandate is Biden’s strategy to work around the limits he faces on what he can order people to do by using an Occupational Safety and Health Administration rule to demand all companies with 100 workers or more force their employees to get the shots – or weekly testing.
At the 6th Circuit Court of Appeals, Judge Joan Larsen wrote this week that the petitioners appear to be likely to succeed.
“[Petitioners] say, for example, that the mandate violates the nondelegation doctrine, the Commerce Clause, and substantive due process; some say that it violates their constitutionally protected religious liberties and the Religious Freedom Restoration Act of 1993. To lift the stay entirely, we would have to conclude that not one of these challenges is likely to succeed. A tall task.”
Tim Pearce of the Daily Wire, which participated in the request to the Supreme Court, noted that Chief Judge Jeffrey Sutton also found, “It is one thing to tell a worker to don a mask at the start of a hazard-filled shift and doff it at the end. It is quite another to tell a worker to vaccinate on the basis of a risk that exists whether he is on the clock or off and that amounts to a medical procedure that cannot be removed at the end of the shift. Confirming the point, the Secretary of Labor has never imposed a vaccine mandate or for that matter a vaccinate-or-test mandate on American workers. The [Occupational Safety and Health Act] does not clearly give the Secretary power to regulate all health risks and all new health hazards, largely through off-site medical procedures, so long as the individual goes to work and may face the hazard in the course of the workday.”
The court session was scheduled after Justices Samuel Alito and Kavanaugh were asked to intervene in lower court cases, which also involve an demand health workers take the jabs.
Kavanaugh had been asked by challengers to the employer mandate to reverse an appeals court ruling that said the administration could enforce its vaccine-or-testing rules for large companies. Separately, the two justices were asked by Biden’s administration to reverse orders against a requirement that health care workers take the shots.
White House spokeswoman Jen Psaki claimed it was clear that there is “legal authority” for Biden’s requirements.
“The OSHA vaccination or testing rule ensures that employers are protecting their employees and the CMS health care vaccination requirement ensures that providers are protecting their patients,” she said.
The two unusual policy moves would impact an estimated 90 million Americans.
Lower court rulings have disagreed on the disputes.
At PJMedia was the explanation, “The Biden administration has previously recognized their lack of authority to impose a vaccine mandate. White House Press Secretary Jen Psaki said earlier this summer that vaccine mandates are ‘not the role’ of the federal government. ‘Well, I think the question here — one, that’s not the role of the federal government,’ she said on July 23, offering no exception to this assessment. ‘That is the role that institutions, private-sector entities, and others may take. That certainly is appropriate.'”
The report also revealed, “White House Chief of Staff Ron Klain also effectively acknowledged that such a mandate isn’t constitutional when, back in September, he retweeted a tweet that effectively praised Biden’s use of an OSHA rule as a workaround for enacting an unconstitutional federal mandate.
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