The 5th Circuit Court of Appeals has blocked Democrat President Joe Biden’s coronavirus vaccine mandate in a ruling late on Friday, calling it “staggeringly overbroad.”
The three-judge panel in New Orleans ruled that Biden’s mandate “grossly exceeds OSHA’s statutory authority,” writing that “rather than a delicately handled scalpel, the Mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly ‘grave danger’ the Mandate purports to address.”
Judges Kurt D. Engelhardt, Edith H. Jones, and Stuart Kyle Duncan said that the mandate imposed financial burdens on businesses that could potentially violate the Constitution, writing, “The Mandate imposes a financial burden upon them by deputizing their participation in OSHA’s regulatory scheme, exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road.”
The court stayed the mandate in a ruling last Saturday, writing that there were potentially “grave statutory and constitutional issues with the Mandate.”
White House Deputy Press Secretary Karine Jean-Pierre responded to the ruling on Monday by saying that the Biden administration’s message to businesses that fall under the mandate is that they “should not wait” to implement the measure.
Immediately following the release of Biden’s vaccine mandate last week, The Daily Wire was the first major company to file a lawsuit against the Biden administration, as the company noted in a report on Thursday:
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.
Jeremy Boreing, co-founder and co-CEO of The Daily Wire, explained the company’s decision, saying, “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,” Boreing added. “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.”
- Matthew Keil et al., v City of New York et al.