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OPINION

Vaccine Oppression Stopped by Fifth Circuit

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
AP Photo/Seth Wenig

Many suspect the California governor of vaccine injury denial during his unexplained disappearance for nearly two weeks after his booster shot, which some say is more dangerous than the original. Fortunately, a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit has blocked Biden's nationwide mandate that private employers require Covid vaccination.

Sitting in New Orleans, the Fifth Circuit presides over Texas, Louisiana, and Mississippi. Trump-endorsed Texas Attorney General Ken Paxton led this latest charge to stop tyranny by Washington, D.C.

It has been said that the D.C. Circuit is the most important court other than the U.S. Supreme Court, but it is increasingly apparent that the Fifth Circuit may be more significant. The Fifth Circuit is acting more quickly and with greater clarity than the Supreme Court itself.

Last week the Supreme Court juggled its schedule to hold a special extended oral argument for the benefit of abortion clinics, and some justices outdid each other looking for a way to hold against a pro-life Texas law. With immense legal issues facing our country, surely the Supreme Court could have first addressed those that have long-awaited resolution, such as illegal immigration.

The Fifth Circuit has no difficulty in upholding good Texas laws, which are attracting hundreds of thousands of Americans each year from the other 49 states. The Fifth Circuit does not favor abortion clinics when it schedules its oral arguments, and does not limit review to cases brought by the same small group of familiar practitioners as the Supreme Court seems to do.

Other federal appellate courts have received petitions challenging the Biden vaccine mandate, but it was the Fifth Circuit that acted. Other circuits have Trump-appointed judges on them, as does the Supreme Court but they seem lost as to which direction to head.

On the vaccine issue, the right side of the Supreme Court has been slow in recognizing that there is no constitutional authority for vaccine mandates by Biden or any public entity. If justices do not want to find a constitutional right not to be vaccinated, they should at least recognize that there is no constitutional authority to order people to be vaccinated against their will.

The flaw in Biden's vaccine mandate includes a lack of any proper congressional authorization, a lack of validity under the U.S. Constitution, and an improper delegation of power to an obscure federal agency, the Occupational Safety and Health Administration (OSHA).

OSHA was established to protect against injuries to workers. It is hardly the branch of government that should be changing the lives of nearly 100 million Americans. 

Yet that is what Biden's vaccine mandate attempts to do, using OSHA as the hammer to pound his senseless nails. His approval rating and that of his vice president are plummeting as a result.

Kamala Harris’s approval rating fell to a new low of only 28% in the latest USA Today/Suffolk poll. Biden’s rating in that same poll was not much better, down to 38%.

He delayed until after the elections in Virginia and New Jersey before announcing his deadline in two months for this, which the Fifth Circuit just blocked. Voters in those two states seemed to know what Biden was up to, and delivered some spectacular upsets against entrenched Democrats.

A Republican truck driver in southern New Jersey, Ed Durr, spent only $153 on his campaign and yet defeated the most powerful Democrat in the state, Steve Sweeney. Southern New Jersey has turned from blue to red, showing that the GOP can retake the Northeast.

Sweeney has been slow to concede defeat, yet the liberal media does not blame him as it savaged Trump. Democrat Congressman Donald Norcross (NJ-01) predicts landslide Republican victories next year in the midterms.

In Virginia, Republicans swept into statewide offices and recaptured the House Assembly, after years of control by Democrats. Transgender crime in public school bathrooms resulted in surprise victories there, while the oppressive vaccine mandates probably played a role too.

Back to California Governor Gavin Newsom, who has been among the worst of the worst in forcing vaccination on others. He took his booster shot in promotion of everyone else doing likewise.

But then he canceled appearances and vanished without fully explaining why to the public. Hardly anyone expects him to be truthful when he returns from his unscheduled vacation.

Most Americans do not have the luxury of taking off two weeks from an adverse reaction to a vaccine or its booster shot. Truck drivers, for example, cannot typically afford to sit at home for two weeks while recovering from a vaccine-induced injury.

Perhaps that is why many truck drivers oppose vaccine mandates, as does the star NFL quarterback Aaron Rodgers. He declared the “woke mob” is after him now that he announced that he declined the Covid vaccine.

John and Andy Schlafly are sons of Phyllis Schlafly (1924-2016) and lead the continuing Phyllis Schlafly Eagles organizations with writing and policy work.

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