Subscribe for free to the America First Report newsletter.
Yesterday brought news of a temporary halt to Joe Biden’s Covid vaccine mandate for private sector businesses. It was heralded as a big win for medical freedom. I found myself pleased to see the mandate characterized by the 5th Circuit as having “grave statutory and constitutional issues.” Too often, we see milquetoast language in temporary stays from the court. Seeing strong language gives us hope this one will survive the first round.
Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate.
WE WON. Just this morning, citing “grave statutory and constitutional issues,” the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach! https://t.co/Vbez0HL9t5
— Attorney General Ken Paxton (@KenPaxtonTX) November 6, 2021
To say the fight isn’t over is obvious, but there are two levels to this fight that must both be won. Of course we need to get the mandates struck down eventually in the highest court in the land, but in this very specific case the end ruling is secondary to the lower court rulings that are about to surface.
Keeping the mandate on the shelf until the Supreme Court gets its hands on it is MORE important than the Supreme Court’s eventual ruling for one simple reason: Damage is done every moment it’s in effect.
In the short term, every mandate at every level compels Americans to get jabbed against their wishes. When forced to choose between certainly losing their jobs and dropping whatever objections they have to the injections, many if not most will choose to take the plunge and get the jabs.
We’ve seen this on clear display at companies like Delta Airlines where they imposed mandates and other draconian measures for months. They dropped their mandate now, but only because they’re approaching 95% compliance with their employees. A lot of patriots seemed to cheer them on without noticing that the damage had already been thoroughly done.
If Biden’s OSHA mandates go into effect for any period of time, a whole lot of Americans will get vaxxed even if they have resisted up until now. Those who don’t get vaxxed will have to find new jobs. The mandates cannot go into effect for any period of time. The current stay issued by the 5th Circuit must stick or a new one must take its place. If at any point the mandate is issued and stays in effect, even temporarily, there will be permanent damage done.
Once vaxxed, a person cannot get unvaxxed. Millions of Americans will be forced to make a decision that is irreversible if they choose to succumb to vaccine pressures. As for those who stand strong and choose not to get vaxxed, they will have to change jobs and possibly even change careers. These are the types of decisions that can drive people into destitution or depression. They can break up families and cause strife between friends and relatives. If the mandates take effect, some will do permanent damage to their bodies while others will have irreversible damage done to their personal lives.
The Biden-Harris regime knows this. They are banking on it. They know the mandates likely won’t survive scrutiny at the Supreme Court. Even anti-Constitution Chief Justice John Roberts may acknowledge the extra-constitutional premise behind these mandates. But at that point it will be moot because in the months leading up to the Supreme Court taking up the cases, the permanent damage will already have been done unless we can keep the mandates on hold until then.
While researching this article, I came across one by Rick Moran at PJ Media that embraces the same basic premise. Here’s an excerpt:
But despite solid arguments against the mandate’s legality, it will likely go forward anyway. The injunction imposed by the appeals court yesterday was temporary. At some point, an appeals court will rule that the requirements of the mandate can go forward while the OSHA rule is litigated.
That’s going to take a while. In fact, the delay between cause and effect is part of the Biden administration’s strategy. By the time the issue is decided by the Supreme Court—almost certainly in favor of the states suing the administration—it may well be next fall. The suing states could ask for an expedited Supreme Court hearing, but that’s almost never granted.
By then, the “temporary” legality of the mandate will have resulted in millions of people being forced to get jabbed or lose their jobs. Biden will have accomplished his mission, employers will be relieved of the burden of having to enforce an unpopular rule, and we can all go back to living our normal lives just like we did before the pandemic began, right?
That’s the plan, anyway.
The mandate is illegal because the OSHA standard it’s based on is not being met. The federal government assumes the authority to impose the mandate based on the “general welfare” clause of the Constitution and its clearly defined power to regulate interstate commerce. But the administrative law under which OSHA operates only justifies federal action in the workplace, such as a vaccine mandate, under certain specific conditions.
It’s a spot-on take. It also highlights our crucial need to keep the mandates on hold for as long as possible. Ideally, the mandate will be shelved while cases work their way through the courts. This shelving will hopefully last long enough for Covid-19 to dissipate, assuming such a thing is even possible. I believe we’ll likely see ebbing and flowing for the foreseeable future of Covid cases, new variants, new drugs, and perpetual Pandemic Panic Theater, but who knows? Maybe I’m wrong. I hope I’m wrong.
We need to kill this now. That means the various lawsuits that have already been filed need to be joined by more lawsuits that others can file. We need to flood the court system with enough challenges to the mandate in hopes that multiple judges will issue stays and injunctions that last until the OSHA rule is obliterated completely. As Jack Phillips from our premium news partners at The Epoch Times reported, the Biden-Harris regime is poised to fight this all the way through.
The Biden administration is ready to defend a Department of Labor COVID-19 vaccine-or-test mandate for private businesses after an appeals court temporarily blocked it on Saturday, said U.S. Surgeon General Vivek Murthy in an interview Sunday.
A U.S. Court of Appeals for the Fifth Circuit panel ruled that there is “cause to believe there are grave statutory and constitutional issues with the mandate” and stayed it pending further action from the court. The ruling came in a case brought by several businesses, individuals, and organizations, as well as Texas, Mississippi, Utah, and other states.
The Department of Labor’s Occupational Safety and Health Administration (OSHA) earlier this week unveiled an emergency temporary standard that requires private businesses with 100 or more employees to require proof of COVID-19 vaccination from workers and compel those that don’t produce it to submit to weekly testing. The rule, which will be enforced starting Jan. 4, faces numerous lawsuits, and it was published in the federal register about two months after President Joe Biden announced sweeping mandates for tens of millions of American workers in the public and private sector.
In response to a question on ABC’s “This Week” on Sunday, Murthy said that the “president and the administration wouldn’t have put these requirements in place if they didn’t think they were appropriate and necessary.”
“And the administration is prepared to defend them,” Murthy said, who, like Biden, said that the sweeping mandates are necessary to push up COVID-19 vaccination rates, adding that they would, in turn, allow the United States to extricate itself from the pandemic.
“Let’s step back a moment and look at why these are so important,” Murthy said Sunday. “Throughout our history, we have seen that we have used vaccine requirements to protect the population.”
About two-dozen states so far have filed lawsuits against Biden’s vaccine mandates. The Daily Wire, the news outlet fronted by Ben Shapiro, as well as the Republican National Committee also filed legal actions against the requirement, arguing that it violates the Constitution.
A number of studies, including several published by the Centers for Disease Control and Prevention (CDC), said that fully vaccinated individuals can still transmit the CCP (Chinese Communist Party) virus to other fully vaccinated individuals, although federal health experts have said other studies have shown that the vaccines offer protection against severe COVID-19 symptoms, hospitalization, and death.
Murthy also told ABC that companies and governments “take every measure possible to make our workplaces safer” for the safety of employees and customers of businesses. “It’s good for people’s health, it’s good for the economy and that’s why these requirements make so much sense,” he said.
In recent weeks, however, numerous trade associations across the United States have sent letters to the Biden administration and warned about possible worker shortages or supply chain bottlenecks that would be triggered by vaccine mandates for private businesses and federal contractors. Unlike the private business mandate, federal contractors are not permitted to have their employees submit to weekly COVID-19 testing and instead have to mandate vaccines with religious or medical exemptions.
Preparedness Resources for “Late Preppers”
* Subscribe to The Late Prepper newsletter
* Purchase preparedness supplies
* Inquire about precious metals
A trucking group, the American Trucking Associations, warned last month that the vaccine requirements would “cripple” the supply chain and trigger a “workforce crisis for our industry and the communities, families, and businesses we serve.”
“The U.S. is already facing unprecedented supply chain disruptions and delays due to many factors, including significant labor shortages, production shutdowns, a shortage of raw materials, and pent-up consumer demand,” it warned.
But Murthy pushed back, claiming that “small businesses, large businesses, and workers” have told the federal government that “what’s really hurting the economy is actually COVID itself,” not mandates.
“There are times where we recognize that our decisions have a broader effect on people around us,” he said. “COVID has reminded us of that, and that’s why having these types of requirements in workplaces will be not only helpful, it’s a necessary step to accelerate our pathway out of the pandemic.”
According to recent data published by the CDC, about 46.3 million COVID-19 cases have been officially reported in the U.S. to date with about 751,000 reported deaths. White House officials said last week that about 70 percent of Americans are fully vaccinated and 80 percent have received at least one dose.
Yes, a lot of Americans are already vaccinated, and that’s a shame. It’s clear that many of them did so to keep their jobs, go to their schools, or participate in other day-to-day activities that have been made off-limits to the unvaxxed. This level of segregation hasn’t been seen in America since before the Civil Rights Movement. It will take a similar movement for medical freedom to prevail.
As I wrote this morning, there are reasons to believe that the adverse reactions from vaccines are currently manifesting in the form of a spike in non-Covid emergency room visits. We already know for certain that the jabs have caused an unfathomable amount of documented adverse reactions, and VAERS only represents a tiny portion of the actual cases. Add in the religious implications as well as good ol’ fashioned personal choice and it’s clear that forcing any American to get injected with experimental drugs is ludicrous.
Considering the tremendous recovery rate for anyone under the age of 50, these mandates are unambiguously absurd prima facie.
We’re LIVE and everything is on sale for a limited time! Whole Cows has launched offering freeze-dried beef for long-term storage. Don’t wait for food shortages to get worse. Stock up today. Use promo code “launch15” at checkout for 15% off!
When these cases hit the Supreme Court next year, the second part of the equation comes into play. We don’t just need them to rule against the mandates for the sake of the current Covid-19 Kabuki Theater. We need them to set a precedent that our government does not have the power to impose medical tyranny on the people in the future. Covid-19 is not the last pandemic we will face. Considering all that we’ve learned over the past two years, it’s clear that we’ve entered into a phase of human existence where biowarfare technology is going to continue to rear its ugly head.
This may seem like a “vaxxed versus unvaxxed” scenario, but even those who have already been jabbed have their futures at stake. The mandates currently call for “fully vaccinated” status based on getting the one or two original injections of the drugs currently on the market. That status will change soon. It will shift to one booster requirement, then two booster requirement. If the pandemic continues unabated, we will likely see timeframe stipulations. For example, a person will only be considered “fully vaccinated” if they’ve received a booster in the last year. Then six months. Then three months. Then…
It behooves every American who does not want to be beholden to an ever-evolving mandate to help fight this while we still can. The short-term goal of holding off the mandate is imperative, but making sure the Supreme Court kills it forever is important as well. Then, there are the smaller battles against states, counties, and cities that we must continue to fight. Add in opposition to private sector mandates and it’s clear we have a whole lot of fighting to do.
If we do not put an end to this mandate madness now and forever, the damage done to our nation will be irreversible. Now is the time to step up and make our voices heard.
Photo by Alena Shekhovtcova from Pexels.
Covid variant BA.5 is spreading. It appears milder but much more contagious and evades natural immunity. Best to boost your immune system with new Z-Dtox and Z-Stack nutraceuticals from our dear friend, the late Dr. Vladimir Zelenko.
Queer Communism and The Ministry of Love: Sexual Revolution in British Writing of the 1930s
Book by Glyn Salton-Cox