The Sixth Circuit has again allowed the Biden vaccine mandate for private businesses to take effect on Friday. How is this constitutional? Where is the evidence that it is even justified?
Since when can OSHA, an agency of unelected bureaucrats, create a law that affects 85 million people? OSHA has nothing to do with medicine. They are charged with safety as it is related to chemicals and exposure. It’s a broad overstepping for this agency.
THE STORY
Three companies and Missouri’s attorney general are asking the U.S. Supreme Court (SCOTUS) to stay the Biden administration’s vaccine mandates for private businesses with 100 or more employees.
Three companies—Phillips Manufacturing & Tower Company, Sixarp LLC, and Oberg Industries LLC—filed an emergency application (pdf) for an injunction on Friday, saying the Biden administration is pursuing unlimited federal executive power in the vaccine mandate for private businesses.
“There is no dispute among the parties about the common desire to end the scourge of the COVID-19 pandemic,” reads the application. “The arguments advanced by the Executive Branch admit to no cognizable limits on federal executive power.”
“Frustrated with a minority of Americans’ medical choices, the Executive Branch has attempted to control and surveil the vaccination schedules of enormous swaths of the country’s population,” the application added.
The three companies, which all have more than 100 employees, would have to implement the vaccine mandate if it’s not stopped by the courts.
Meanwhile, the vaccine mandate will also jeopardize the companies’ already struggling recruitment efforts, the three applicants said in the application.
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Eric Schmitt, the attorney general of Missouri, also asked SCOTUS to stay the Biden administration’s sweeping vaccine mandate.
“This was always destined to go to the nation’s highest court and I’ll continue to fight back against this breathtaking overreach,” he wrote in a Twitter post.
THE UNIQUE SITUATION
Several asked how 6th outweighs 5th here. It’s a unique situation in which 6th won a lottery to oversee all the pending challenges to the OSHA mandate. Trying to confirm there’s an emergency petition already filed (or about to be) at SCOTUS for a temporary stay. Stay tuned!
— Shannon Bream (@ShannonBream) December 18, 2021
Multiple emergency petitions are being electronically filed with #SCOTUS. Must assume both sides had them drafted in advance, simply waiting to plug in the particulars from the 6th Circuit’s opinion. Thx to those who’ve sent me copies of their filings.
— Shannon Bream (@ShannonBream) December 18, 2021
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