On Thursday, a federal court upheld Joe Biden’s mandate that all federal government employees be forced to take a coronavirus vaccine.
The New York Post reports that the 5th Circuit Court of Appeals in New Orleans, Louisiana issued a ruling that overturned a lower court’s decision to block the mandate, which was first issued in September of 2021. In January, U.S. District Judge Jeffrey Brown had ruled the mandate unconstitutional, determining that the rule constituted an overstep in federal authority.
One of the lawyers in the historic U.S. Supreme Court case that blocked the Biden administration’s vaccine mandate on private business is warning it is only a preliminary victory and the larger constitutional issues about government-compelled inoculations must still be litigated.
“In some ways, yesterday was a win of a major battle, but still leaves the war to be fought,” said Robert Henneke, executive director and general counsel at the Texas Public Policy Foundation, which filed one of the original challenges in Texas against the vaccine mandate that was eventually consolidated before the Supreme Court.
“While it got to the right outcome for declaring the private employer vax mandate unlawful, it kind of misses the forest for the trees because it leaves these broader questions of federal power unresolved,” he told the John Solomon Reports podcast.
The Supreme Court on Friday hearing oral arguments on two major Biden administration efforts to increase the country’s vaccination rate against COVID-19 — starting with the mandate requiring large-scale employers to require workers to be vaccinated or tested.
In the first case, the National Federation of Independent Business, et al., Applicants v. Department of Labor, Occupational Safety and Health Administration, et al.
OSHA is more specifically requiring businesses with 100 or more workers either require them to be vaccinated or et tested weekly and wear masks while working, with exceptions for those who work outdoors.
President Joe Biden is struggling to win in court as well as the court of public opinion when it comes to his response to COVID-19.
Biden’s approval rating on his handling of the pandemic has steadily dropped as he has issued more vaccine mandates, with one of those mandates seemingly dead in the water.
Employers and business organizations are voicing their opposition to the vaccine mandate announced last week by President Joe Biden.
Biden ordered the Occupational Safety and Health Administration (OSHA) to requite companies with more than 100 employees to make sure their workers are either vaccinated against COVID-19 or tested weekly for the virus. The mandates received a mixed reaction from companies and business groups, with some welcoming the new rules and others expressing their opposition.