27 Business Groups Taking Joes Vaccine Mandate Fight To Supreme Court

The United States might be fine if the vaccine mandate was actually worth it. It would go through without a hitch. But this has nothing to do with public health, it’s about power. Many business groups might see this as a way to bankrupt them. If the costs are such that you wind up doing things like laying people off and raising prices high enough so people have to buy things elsewhere, it’s not about health.

Two dozen businesses not happy with the mandate

They’re taking it to the Supreme Court possibly within hours of the Appeals Court honoring the administration. OSHA has the power of the federal government to be able to shut a business down.

The appeal read, “It will impose substantial, nonrecoverable compliance costs on those businesses. Those businesses will be faced with either incurring the costs of testing for the millions of employees who refuse to be vaccinated—and passing those costs on to consumers in the form of yet higher prices at a time of record inflation—or imposing the costs of testing upon their unvaccinated employees, who will quit en masse rather than suffer additional testing costs each week.”

The mandate is a power grab

The judge said we aren’t going back. “Normal” is with us now. Judge Jane Branstetter Stranch, an Obama appointee, wrote, “Recognizing that the ‘old normal’ is not going to return, employers and employees have sought new models for a workplace that will protect the safety and health of employees who earn their living there. In need of guidance on how to protect their employees from COVID-19 transmission while reopening business, employers turned to the Occupational Safety and Health Administration.”

Among those immediately filing an appeal was the Daily Wire. Part of the company’s report read, “The lawsuit does not take a position on whether someone should receive the vaccine or not, only against Biden’s mandate, announced earlier this year and unveiled on Thursday morning. The mandate applies to all companies with 100 or more employees and forces those businesses to police the vaccine status of their employees. The Daily Wire, with over 100 employees, falls under the mandate. The Daily Wire’s lawsuit seeks to overturn Biden’s executive action, arguing that the order is unconstitutional and that the Biden administration violated federal law in drafting it.” Businesses are just against the mandate. If people choose to get vaccinated, that’s up to them and their doctor.

Don’t mandate this

Jeremy Boreing is the co-founder and co-CEO of the Daily Wire. He insisted, “We’re not the enforcement arm of the federal government. Forcing Americans to choose between their livelihoods and their freedom is a grotesque abuse of power and we won’t be a party to it. We will not incur the cost of implementing this testing regime. We will not incur the liability of inserting ourselves into the private health decisions and information of our employees. Our company was founded to stand against tyranny, and we will.”

The US Court of Appeals for the Fifth Circuit issued a stay on the mandate. The feds are trying to force this when there are many reasons they shouldn’t be. This court wrote, “Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard (the “Mandate”) pending expedited judicial review. Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court.”

You will accept this

The 6th Court of Appeals sneered at them.   You must stay safe, regardless that you might starve and the business goes bankrupt or folds completely. “In reaching its decision to stay the ETS, the Fifth Circuit generally forecasted that the ETS faced fatal statutory and constitutional issues, then concluded that the Petitioners had demonstrated a strong likelihood of success on the merits. … the Fifth Circuit found that individuals, states, and employers would be “substantially burdened” due to the compliance costs, loss of constitutional freedom, and intrusion into States’ “constitutionally reserved police power.” … Without addressing any of OSHA’s factual explanations or its supporting scientific evidence concerning harm, the Fifth Circuit summarily concluded that “a stay will do OSHA no harm whatsoever” and “a stay is firmly in the public interest.”

Stranch pretended to not understand about a “Major Questions Doctrine” that the petitioners brought up. She wrote, “The major questions doctrine is inapplicable here, however, because OSHA’s issuance of the ETS is not an enormous expansion of its regulatory authority. OSHA has regulated workplace health and safety on a national scale since 1970, including controlling the spread of disease. The ETS is not a novel expansion of OSHA’s power; it is an existing application of authority to a novel and dangerous worldwide pandemic.” We’ve done this since 1970, what’s the problem here?

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