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OPINION

Courts to Biden: No Mandates for You!

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

Freedom wins… again… twice!

Late last night I broke the news to my listeners and viewers that the U.S. Sixth Circuit Court had denied the Biden administration on two specific attempts to evade justice.

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The vaccine mandates the *president has issued are repeatedly being ruled unconstitutional for subsets of workers across the nation. Biden and company (his “handlers,” the ones he “gets in trouble with,” who “tell him who to call on,” you know—whoever actually is operating the duties of “the *President,”) see a window beginning to close on how they can use CoVid19 to manipulate the narrative into permanent control of the nation.

Over the last two weeks, federal judges in Kentucky, Missouri, Florida, and Louisiana have all had a chance to weigh in on the constitutional question of Biden’s vaccine mandates. The outcomes of all of these proceedings are already being appealed. The 5th and 11th circuits are taking up the cause. Those cases will settle nationwide the question for federal contractors and health care workers. 

The battle in both circuits will be the question of whether a President has the right to implement such invasive orders against populations by avoiding Congress and using Medicare & Medicaid funding as a gun to the head of those who don’t comply.

Lower-level judges, for the most part, seem unimpressed with the idea that forced vaccines solve any “emergency” need. Attorneys General in multiple states are citing data demonstrating the devastating impact such mandates will have in the areas where those federal contractors and health care workers currently are working. They are also arguing the exacerbation of already poorly staffed fields will be an even greater public health risk.

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But those are small fry.

When all combined the lawsuits covering the workers and states involved cover roughly 20 million or fewer workers.

The big kahuna is the case before the Sixth Circuit. 

Will the private sector be forced through executive fiat to comply with a dementia-addled man’s ramblings to OSHA on the back of a napkin after he finished his ice cream?

Hundreds of small lawsuits have been combined into one. This case will impact more than 80 million workers and without question chart the path of the issue ultimately towards the Supreme Court once it’s settled.

Which is why the rulings the Sixth has handed down thus far are so important. 

This week Biden had argued that the case should be moved from the Sixth Circuit to the Fifth. Generally, that’s a losing proposition because the judges at the Circuit level aren’t beginner amateurish kids. They are seasoned judges and are in such positions to properly weigh the matters that lawfully come before them. They aren’t inclined to punt away the stuff that a *president “may not take the time to read.” Motion denied Mr. Biden! The case stays at the Sixth.

This week Biden also argued that the Sixth Circuit had erred in the court’s instruction to his administration to comply with its injunction of Biden’s mandate. They made this argument to the Sixth after signaling to the agency that handled enforcement to ignore the court’s injunction. Biden’s basic position is “I’m the *president and you have to do what I say!” The court didn’t take kindly to it and when Biden came groveling hat in hand this week asking the court for permission to keep doing as it pleased, the court said “no!” To their credit, OSHA had already complied with the Sixth’s instructions.

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Eventually, and we are hoping sooner than later, the Sixth will decide on the questions before it, “Can a *president order private citizens to ingest a vaccine, take a pill, or by some other means absorb a substance against their will? Are they allowed to utilize divisions of the executive branch to enforce such orders? Are private companies required to comply with such orders or be punished?”

In the meantime, Biden has been unable to implement his vaccine mandates. He’s attempted to ignore the courts and do what he pleased regardless. And he’s been slapped down and had explained to him that the law doesn’t quite work that way.

Nope. If he wants to get a vaccine mandated, it’s increasingly looking as though the only way he would be able to do that is to convince Americans to send him a Congress that would do so via legislation.

A Congress that looks increasingly like the one he will lose in roughly eleven months.

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