Well, in a 22-page decision, the Fifth Circuit Court of Appeals on Friday, November 12, 2021 stopped the Biden Administration’s Experimental Drug Therapy (“EDT”) shot mandated via presidential Executive Order (the “Biden Mandate”) and implemented via an OSHA “emergency temporary standard” (“OSHA ETS”).
There was never any law, no duly-enacted rule, no deliberation, no due process. President Biden scribbled the Biden Mandate on a piece of paper and the Administrative State, through OSHA, dutifully complied by unilaterally promulgating the labyrinthine OSHA ETS, threating the life, safety, and health of 2/3rds of America’s private workers–over 80 million people–without seeking anyone’s input or consent. Thankfully, the Fifth Circuit panel has rejected the Biden Mandate and also stated that a future permanent injunction is likely. As we observed earlier, the EO was and is DOA. The Fifth Circuit has stated the obvious: OSHA does not have jurisdiction over the seasonal flu.
There is also good reason to believe that this decision will be affirmed by the SCOTUS. The Fifth Circuit’s Order appears to signal that a very influential part of the Team Red Establishment–Team Federalist Society–is now anti-Mandate. The evidence? First, three Federalist Society judges, two Trump appointees and one Reagan appointee, unanimously issued the decision.
Article from LewRockwell