The White House’s Twitter Blather Bites Them as the 5th Circuit Slaps Down Biden’s Vaccine Mandate

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by Bonchie

As RedState reported, the 5th Circuit Court of Appeals refused to lift the stay on Joe Biden’s vaccine mandate for private businesses last night. That came after the court gave the administration a week to respond to the challenge that the “emergency” OSHA regulation produces “grave” constitutional questions. Obviously, the judges were not swayed.

 
But while the decision itself is the biggest news here, inside the court’s decision is something that’s just amazing. Let me set it up first, though.
 

 

Ronald Klain, who serves as Biden’s chief of staff, has this uncontrollable habit of retweeting wildly partisan messages. That’s most often manifested itself in him pushing tweets from crazed Washington Post columnist Jennifer Rubin. But he branches out, and in one instance he retweeted MSNBC’s Stephanie Ruhle, another rabid liberal who routinely puts out terrible takes.

 
Well, the 5th Circuit actually cited that instance as evidence against the White House.
 


 
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That produced lots of gnashing of teeth. How could a court possibly use tweets as a partial basis for a ruling? Why, that would be absolutely horrendous and unheard of, right? Tweets and retweets are not to be taken seriously, after all.
 


 
https://twitter.com/EUtyro/status/1459363750063087623?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1459363750063087623%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fredstate.com%2Fbonchie%2F2021%2F11%2F13%2Fthe-white-houses-twitter-blather-bites-them-as-the-5th-circuit-slaps-down-bidens-vaccine-mandate-n474909
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I note the whining about the court’s choice to include Klain’s retweet in their decision, because I find the hypocrisy to be absolutely hilarious. Remember, this is the same left that spent years insisting that Donald Trump’s retweets and tweets constituted obstruction of justice. We had an entire special counsel where Robert Mueller’s final report cited dozens of Trump tweets. Yet, when the tables turn, suddenly it’s out of bounds to cite Twitter activity.

 
   
 

Of course, the court is also correct in its assessment, at least in my view. Klain clearly only retweets things he agrees with, and the mandate, from the beginning, has represented a dishonest, unnecessary workaround to do something that is likely unconstitutional. An emergency rule that takes two months to formulate and another two months to go into effect?

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The mandate is totally unconstitutional. In a fair and objective court, it does not stand, no way.
The mandate is a total overreach of the federal government.
They are just a bunch of conniving communist bitches and bastards.

And an “emergency” mandate that isn’t written for two months then doesn’t go into effect for two months doesn’t suggest much of an emergency.

The mandates are just oppression for the fun of it.

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How can there be a mandate when Fauci just admitted that none of the mRNA vaccines worked as hoped and all the vaccinated people are in great danger?
https://www.nytimes.com/2021/11/12/podcasts/the-daily/anthony-fauci-vaccine-mandates-booster-shots.html
“They are seeing a waning of immunity not only against infection but against hospitalization and to some extent death, which is starting to now involve all age groups. It isn’t just the elderly,” Fauci said. “It’s waning to the point that you’re seeing more and more people getting breakthrough infections, and more and more of those people who are getting breakthrough infections are winding up in the hospital.” “If one looks back at this, one can say, do you know, it isn’t as if a booster is a bonus, but a booster might actually be an essential part of the primary regimen that people should have.”

So are boosters mandated forever?
And how long do you wait inbetween boosters?
One a year is not enough.
One every quarter?
One every month?
One every week?
One a day?

Yet the CDC in answer to a lawsuit, admitted that NOT ONE person of the over 100,000,000 Americans who have caught covid, and recovered, have ever caught it again then infected anyone!

Tweets are important when THEY say they are and no other time. Didn’t you get the memo?

Breaking — OSHA suspends Biden’s Vaccine Mandate… Will comply with 5th Circuit order

It is over-no mask mandates

After Court Ruling, Dept of Labor, OSHA, Drops ETS Enforcement for Workplace Vaccinations

The Biden Department of Labor cannot win in court over their use of OSHA to force mandated vaccines. The effort to use an OSHA Emergency Temporary Standard (ETS) did not and will not survive judicial scrutiny.

The exemptions alone nullify the claims the ETS is built upon, and the courts are recognizing the brutally obvious political nature of the vaccine mandate effort.

As a result of the Fifth Circuit (New Orleans, LA) order to stay the vaccine requirement {See Here}, OSHA has now announced {SEE HERE} they will not attempt to enforce the rule:

Dept of Labor – “On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” (link)

While the 5th circuit case from Louisiana was the first, there are 11 total circuit court cases holding the same challenges. As a result, the cases were consolidated and assigned to one circuit court chosen randomly via lottery.

The 6th Circuit Court of Appeals in Cincinnati, Ohio, won the lottery to hear the legal challenges. “The 6th Circuit Court of Appeals, based in Cincinnati, Ohio, is known to lean conservative, with most of its judges appointed by Republican presidents.” The 6th Circuit will have to decide whether or not to lift or maintain the stay instituted by the 5th Circuit Court of Appeals, based in New Orleans.