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President Biden seeks immediate...

President Biden seeks immediate reinstatement of federal COVID vaccine mandate

By: Frank Corder - November 23, 2021

Claims COVID remains an “ongoing and overwhelming” threat; Says OSHA could expand mandate to smaller businesses under 100 employees.

President Joe Biden wants the federal COVID vaccine mandate stay issued by the 5th Circuit Court of Appeals lifted immediately. This according to the latest filing from the Biden Administration.

The 5th Circuit’s ruling was made as a result of the filing made by Mississippi, 10 other states, and private businesses seeking relief from the government overreach. That Court reaffirmed its order a week after its initial stay, saying then that Biden’s mandate was “fatally flawed.”

Since the 5th Circuit issued that stay, a judicial panel merged lawsuits from across the nation challenging President Biden’s federal vaccine mandates. They will now be heard in the 6th Circuit Court of Appeals.

The Biden Administration is seeking to reinstate the mandate claiming the threat of the virus on workers is “ongoing and overwhelming.”

“Delaying this standard would endanger many thousands of people and would likely cost many lives per day,” the Biden Administration argues. “With the reopening of workplaces and the emergence of the highly transmissible Delta variant, the threat to workers is ongoing and overwhelming.”

A majority of Biden’s filing before the 6th Circuit challenges the arguments presented in the 5th Circuit and the ruling by that Court.

Fifth Circuit Judge Kurt Engelhardt questioned the “emergency” nature of the mandate given that the pandemic is nearly two years old. He also pointed out that OSHA itself spent nearly two months responding to the President’s order. OSHA has since suspended the implementation of its vaccine requirements as ordered by the Biden Administration.

Biden’s attorneys argue that the petitioners challenging the mandates have not shown that they are likely to succeed on the merits, that they face any irreparable harm, or that the balance of equities and public interest tilt in their favor.

Judge Engelhardt went on to question whether COVID now poses the kind of “grave danger” required to impose such wide reaching mandates, calling it overbroad. He also noted that the mandate was overinclusive and underinclusive as it relates to the arbitrary way in which businesses are impacted based on a certain number of employees.

The Biden Administration answered that in their filing, essentially saying the 100 employee cutoff was an initial step and that OSHA would be considering action to impart further mandates on smaller businesses.

“Due to the ‘unique’ and exigent occupational safety and health dangers presented by COVID-19, OSHA is ‘proceeding in a stepwise fashion’ by applying the Standard to ‘companies that OSHA is confident will have sufficient administrative systems in place to comply quickly,'” Biden’s team states, adding, “OSHA is concurrently obtaining ‘additional information to determine whether to adjust the scope of the ETS to address smaller employers.’ OSHA’s decision, in other words, does not suggest doubt about the grave danger posed by COVID-19 or the necessity of the Standard—it demonstrates OSHA’s need to act urgently. The government ‘need not address all aspects of a problem in one fell swoop’ even under strict scrutiny.”

For now, the stay issued by the 5th Circuit remains in place.

You can read the filing by the Biden Administration below.

Biden filing to Dissolve Fed Vaccine Mandate Stay by yallpolitics on Scribd

About the Author(s)
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Frank Corder

For nearly two decades, Frank Corder has reported and offered analysis on government, public policy, elections, business and matters of faith. He is the Editor for Magnolia Tribune where he oversees the day-to-day content development. Frank’s interviews, articles, and columns have been syndicated throughout Mississippi as well as in various national publications. His resume includes appearances on the BBC, CBS News, ABC News, and Fox News, among others. Frank is a frequent analyst on radio and television, providing insight and commentary on the inner workings of the Magnolia State and beyond. During his career, Frank has interviewed government officials and candidates from City Halls to the White House, including Presidential candidates, White House officials, U.S. Senators, Congressmen, Cabinet Secretaries, and Governors. He previously hosted his own local radio and television programs and has managed private businesses in the financial, hospitality, and retail sectors. Frank has served his community as an elected City Councilman and as an Assistant/Acting City Manager. In the wake of Hurricane Katrina, he led the effort to plan Pascagoula's recovery and rebuilding which earned him recognition as Mississippi's Volunteer of the Year. Frank also led Pascagoula's municipal government out of a $14.5 million deficit, which the Mississippi State Auditor heralded as a model for other communities facing dire financial straits. As the president of the Pascagoula High School Quarterback Club, Frank has self-published "The Book of Pascagoula Football." He has been married for over 25 years and has two children, both of whom work in public education. Email Frank: frank@magnoliatribune.com