Victory! Federal appeals court halts jab mandate
This opinion will go down in history as the beginning of the turn in the war on those who refuse the jab.
A 22-page order by three judges on a federal appeals court destroyed the Biden Administration’s weaponization of a bureaucratic agency with no statutory powers. On Nov. 12, the U.S. Court of Appeals for the 5th Circuit permanently halted the “mandate” and ordered the Occupational Safety and Health Administration (OSHA) to refrain from implementing or enforcing its unconstitutional mandate in any way. The court said such a mandate would cause “irreparable harm.”
In its decision, the court said OSHA went “overboard” and it also validated natural immunity. Finally.
“The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions—even, or perhaps particularly, when those decisions frustrate government officials.” The court says citizens who disagree with the stance of the current administration can’t be forced to comply simply because it frustrates them. Remember Biden saying he’s getting impatient?
In one judge’s opinion, Congress would have a tough time passing a law that requires the same measures OSHA tried to impose. The judge is clear that OSHA has no standing to mandate them. “…health agencies don’t make housing policy and occupational safety agencies don’t make health policy.” In other words, the court warned Congress, telling them not to try passing a law with similar unconstitutional requirements.
The mandate would have required all private employers with 100 or more employees nationwide to to require the jab or get tested (at the employees’ expense) for Covid on a weekly basis by January 4. OSHA’s order said if employers had no plan in place, they would be subject to huge fines.
The mandate also allowed the government to collect personal health information about employees, without permission. An attorney who goes by the name “Techno Fog” on Twitter, outlines some of OSHA’s fascist edict.
In their preliminary three-page stay on November 5, the same three 5th circuit court judges said there are “grave statutory and constitutional issues” with the mandate.
The emergency order gave OSHA and the Department of Labor until Monday, Nov. 8 at 5 p.m, to respond to the petitioners’ request for a permanent injunction. The petitioners, which include many individuals, businesses and organizations, along with the states of Texas, Louisiana, Mississippi, South Carolina and Utah, had until 5 p.m, until Tuesday, Nov. 9 to respond.
After the preliminary injunction, Biden told employers to go ahead with the mandate anyway. Apparently the law and court orders are just a suggestion to him.
OSHA admitted it didn’t have the workforce to enforce such a mandate and asked employees to tattle on employers who broke its unconstitutional mandate. This is a good time to remind you that Anne Frank and her family weren’t discovered by Nazi Brownshirts —an informer reported them. They were captured and sent to die in Nazi death camps. The Biden Administration tried implementing fascist policies through OSHA. (Holding January 6 protesters in a Washington, D.C. jail for the past 10 months under oppressive conditions, in which U.S. Marshals are prohibited from investigating is equally fascist).
The only chance for a reversal of the 5th circuit decision is an en banc session of the entire 5th Circuit Court of Appeals or an order by the Supreme Court (SCOTUS). However, the 5th Circuit is majority conservative and the order cited multiple SCOTUS decisions, meaning the SCOTUS may decide not to hear the case since this order is based on established law. Time will tell.
This order has wide-ranging implications. If the 5th Circuit’s injunction stands, which is likely (although in this day and age, logic and precedent doesn’t always apply), it will open up the possibility of many lawsuits — employees will use this order as precedent to sue their employers for dismissing them because they chose not to receive the jab. Likewise, physicians and hospitals may face lawsuits if, as reported, they treat unvaccinated people differently than vaccinated. It will also deter other industries and bureaucracies from discriminating against those who choose not to be injected with a substance that hasn’t gone through the normal clinical evaluation process, its adverse reactions are being hidden, its FDA-approved version isn’t being used in the U.S., its ability to “protect” is waning and its long-term effects are unknown.
14 In righteousness you shall be established; You shall be far from oppression, for you shall not fear; And from terror, for it shall not come near you.
15 Indeed they shall surely assemble, but not because of Me. Whoever assembles against you shall fall for your sake. Isaiah 54:14-15