Morning Greatness: Federal Appeals Court Blocks Biden Admin’s Vax Mandate

Good Monday morning.

Here is what’s on 46 agenda today:

  • 10:15am: The President and The Vice President receive the President’s Daily Brief
  • 2:50pm: The President honors the Milwaukee Bucks for winning the 2021 NBA Championship

 

Two minutes of hate:

On Saturday, a federal appeals court blocked the Biden Administration’s vaccine mandate for private employers. The block is only temporary and the Biden Administration is prepared to fight for the mandate in court.

“Because the petitions give cause to believe there are grave statutory and constitutional issues with the mandate, the mandate is hereby STAYED pending further action by this court,” a panel of the U.S. Court of Appeals for the Fifth Circuit said in the brief order.

The lawsuit was brought by business, individuals, the American Family Association and several states. The petitioners claimed that the Occupational Safety and Health Administration (OSHA) does not have the authority to make such a rule. Typically, OSHA is limited to enforcing workplace safe conditions not nationwide public health threats.

“In an attempt to impose a nationwide vaccination mandate without approval from Congress, the executive branch has couched its COVID-19 vaccine mandate as an emergency workplace rule affecting nearly 100 million Americans. But the ETS is neither a workplace rule nor responsive to an emergency,” lawyers for the petitioners wrote in an emergency motion asking the court to impose a stay.

“Vaccination status is a public health issue that affects people throughout society; it is not a hazard particular to the workplace. And there is no need to use an emergency rule to address a pandemic that has been going on for nearly two years. Congress did not grant OSHA such sweeping powers in its authorizing statute,” they added.

The power mongers at OSHA released a statement to Epoch Times responding to the decision:

“The U.S. Department of Labor is confident in its legal authority to issue the emergency temporary standard on vaccination and testing. The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,” Solicitor of Labor Seema Nanda said.

We will see about that, Miss Jackboot.

46:
Federal Court Blocks Biden Administration’s Private Business COVID-19 Vaccine Mandate
Trump bashes Senate Republicans, McConnell over infrastructure bill
Biden seeks rebound as he basks in huge political victory
Americans should expect to pay higher heating costs this winter, Granholm says
Biden may tap strategic reserve amid rising fuel prices, Granholm says
Biden approval rating drops to new low of 38 percent: poll
Progressive House Democrats oppose resolution to support Cuban protesters
House Democrats Tuck Vape Tax Into $1.85 Trillion Spending Bill
Baby handed to US soldiers in chaos of Afghanistan airlift still missing
Hackers have breached organizations in defense and other sensitive sectors, security firm says

Civil unrest:
Criminal investigation launched after 8 killed at Astroworld Festival in Houston
2 arrested after anti-mandate protesters clash with opposing group in Boston
Fans Loudly Chant ‘F**k Joe Biden’ During UFC 268
Retired Firefighter Fatally Shoots Alleged Chicago Robber
3 Ivy League universities issue temporary evacuations after receiving bomb threats
U.S. Navy Launches Ship Named After Gay Rights Leader Harvey Milk

Coronavirus news:
Sesame Street Muppets Advocate for Coronavirus Vaccines After CDC Approves Use in 5-11 Age Group
Proof of vax required as strict mandate takes effect in LA
Schools take lead role in promoting vaccines for youngsters
Over half of employees would report a coworker for violating vaccine mandates, study says
Gottlieb: ‘I think that we’re close to the end of the pandemic phase of this virus’

Other morsels:
Trump involvement in midterms could hurt Republicans, Maryland’s GOP governor says
Looking to buy a new car? You could be paying $20k or more above sticker price
Failed assassination bid against Iraq PM ramps up tension

And that’s all I’ve got, now go beat back the angry mob!

About Liz Sheld

Liz Sheld is the senior news editor at American Greatness. She is a veteran political strategist and pollster who has worked on campaigns and public interest affairs. Liz has written at Breitbart and The Federalist, as well as at PJ Media, where she wrote "The Morning Briefing." In her spare time, she shoots sporting clays and watches documentaries.

Photo: WASHINGTON, DC - NOVEMBER 06: U.S. President Joe Biden speaks during a press conference in the State Dinning Room at the White House on November 6, 2021 in Washington, DC. The President is speaking after his Infrastructure bill was finally passed in the House of Representatives after negotiations with lawmakers on Capitol Hill went late into the night. (Photo by Samuel Corum/Getty Images)

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