White House Chief of Staff Ron Klain may be responsible for blowing up President Biden’s vaccine mandate for private employers, just as George Washington University law professor Jonathan Turley warned back in September.
At the time, Klain retweeted MSNBC host Stephanie Ruhle, who said “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”
The U.S. Court of Appeals for the Fifth Circuit noticed that retweet, and cited it on Friday when affirming its stay on the vaccine mandate.
“After the President voiced his displeasure with the country’s vaccination rate in September, the Administration pored over the U.S. Code in search of authority, or a ‘work-around,’ for imposing a national vaccine mandate,” the decision states.
In a footnote, Klain’s tweet is referenced.
A Ron Klain retweet makes an appearance in the 5th Circuit ruling on the OSHA rule. pic.twitter.com/4zvJCRrYK1
— John Fritze (@jfritze) November 13, 2021
In September, Turley explained why Klain tweeting the "quiet part out loud" is so problematic.
"In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. In politics, it is called just dumb. White House chief of staff Ronald Klain offered a doozy this week when he admitted that the announced use of the authority of the Occupational Safety and Health Administration (OSHA) for a vaccine mandate was a mere 'work around' of the constitutional limit imposed on the federal government," he said on his blog. "The problem is that the thing being 'worked around' is the Constitution. Courts will now be asked to ignore the admission and uphold a self-admitted evasion of constitutional protections."
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