Biden Administration Pushes Mandate Despite Court and OSHA

Guest Post by Jeffrey A. Tucker

The Biden White House is demanding that American businesses comply with a vaccine edict that profoundly affects the lives of 80 million people and massively increases compliance costs for private businesses. And it is doing this despite a court order to the contrary. It is further doing this despite an announcement from the relevant regulatory agency that it will neither implement nor enforce the order.

“Our message to businesses right now is to move forward with measures that will make their workplaces safer and protect their workforces from COVID-19,” Jen Psaki told reporters. “That was our message after the first stay issued by the Fifth Circuit. That remains our message and nothing has changed.”

The Epoch Times comments:

Despite OSHA’s decision and the legal challenges, Psaki said the Biden administration is confident that it has the authority to implement the rule and confirmed the White House is still working under the guise that businesses will implement the mandate by Jan. 4.

The court said very plainly that it does NOT have the authority. The 6th Circuit is going to hear the case soon too, and it is nearly certain to decide along the same lines at the 5th Circuit. The Biden administration will appeal to the Supreme Court but the logic and arguments of the lower court are so solid that it is highly doubtful that the highest court will reverse the lower courts.

In other words, the edict seems headed for the dustbin of juridical history. But what does the Biden administration care?

OSHA has posted on its website as follows:

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (“ETS”). The court ordered that OSHA “take no steps to implement or enforce” the ETS “until further court order.” While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.

Despite all of this, the White House is barreling ahead, despite the plunge in Biden’s own popularity.

It not only makes little political or medical sense; it is contrary to law and tradition. And yet they are doing it anyway.

If courts cannot control government powers, and even a regulatory agency is being ignored by the occupant of the White House, one wonders what has become of the rule of law in the post-pandemic age. Lockdowns seem to have set a precedent that neither law, nor legislatures, nor even regulatory agencies, much less the will of the people, are capable of restraining power.

Right now, there seems to be no legal basis for any private business in America to impose a vaccine mandate on its workers. And yet they are pushing ahead anyway, with HR departments all over the country pushing for universal vaccines, while accepting few if any medical or religious exemptions.

Businesses have already adapted to the most far-reaching imposition on worker rights in the postwar period– for a pathogen that few healthy people under the age of 50 are even vulnerable to in terms of severe outcomes. The data have been clear for 20 months: most of the people who are severely harmed by it are not in the workforce.

Still, there is this presumption in the business world that the mandate is on. The Wall Street Journal this morning reports:

Small-business owners are confronting challenges preparing for the Biden administration’s vaccine mandate, with some saying efforts to comply are exacerbating hiring problems and stoking tensions with and among workers.

Further, we know now that the vaccine itself does not substantially contribute to the realization of endemic equilibrium. That’s because the non-sterilizing shots do not stop infection or spread. At the very least, getting them should be a choice for individuals.

So you have this strange situation in which OSHA, which is supposed to assure worker safety, is forcing businesses to give what might turn out to be unsafe medicine for many. More precisely, OSHA backed down from the demand. The Biden administration insists on moving ahead.

The pain this is imposing on American workers and business owners is tragic. I receive notes all day with very sad stories of people with various medical conditions that indicate that the risks of this vaccine are too high. Many people have natural immunities, perhaps far more than 100 million people (we do not know precise numbers). They are seeking answers from lawyers and doctors but few are willing to step up and risk their careers.

Meanwhile, like clockwork, the FDA has approved booster shots just as everyone knew they would. We are not even one year into this. We have one shot. Two shots. And now boosters.

Just as easily as the White House has pushed a mandate that the court has shot down and the relevant regulatory agency has said it will neither implement nor enforce, the same government could impose a national mandate on children as well. They only need to find a regulatory loophole and claim that White House wishes to override state jurisdiction.

If OSHA repeals the implementation and enforcement of a major edict, and a court strikes it down,  and no one knows about either rebuke – media hardly reported these events – has it really happened? The White House is presuming not. Many private companies will likely proceed along their merry way to violate the rights of their workers, believing that they are complying.

Despite every reason for optimism here, we are far from being out of the woods.

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51 Comments
clayusmcret
clayusmcret
November 22, 2021 1:30 pm

Follow the money.

Steve
Steve
  clayusmcret
November 22, 2021 5:27 pm

Nope. Follow the lust for power

Ken31
Ken31
  Steve
November 22, 2021 10:50 pm

Nope. Follow pure lust. All the way down. That is what they worship.

mark
mark
  clayusmcret
November 22, 2021 6:38 pm

Follow the bullshit toilet paper fiat currency is more accurate…but it’s:
1. SPIRITUAL
2. Cultural
3. Political
4. Economic

In that order…that is how the four flow…from the SPIRITUAL headwaters on down.

If there ever was a scripture that fits what is happening to the propagandized and brainwashed too many people in the West over this Luciferian Globalist attempt to install their New World Order, and make serfs and then slave of us…after killing most of us…here it is:

Hosea 4:6
“My people are destroyed for lack of knowledge. Since you have rejected knowledge, I also will reject you from being My priest. Since you have forgotten the Law of your God, I also will forget your children”.

Mygirl....maybe
Mygirl....maybe
  mark
November 22, 2021 9:52 pm

Biden is Obama’s third term and as such he is not bound by any silly constraints like a Constitution or rule of law.

So, is Cass Sunstein involved in the new Biden/Obama administration? Why, yes, he is…he’s in the DHS, and Samanatha Powers, his nasty little frau, is administrator of USAID. Both are good little party apparatchiks, good little communists and both are ardent believers, as is Obama, in being able to ‘break free’ from the constraints of the Constitution.

“…but the most chilling expression of President Obama’s anti-American philosophy lies in his willingness to “break free from the essential constraints that were placed by the Founding Fathers in the Constitution. …” Somehow, President Obama thinks he is exempt from the oath of office he took to “protect and defend the Constitution.” Within such a paradigm, anything is permissible, including the complete destruction of American economic strength as part of an abstract notion of redistributive justice

Read more: https://www.americanthinker.com/articles/2009/12/watermelon_marxists.html#ixzz7D0Lq4gjz
Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook

Dirtperson Steve
Dirtperson Steve
  Mygirl....maybe
November 22, 2021 10:20 pm

Obama is the Bogey Man now but if you look back nobody thought he was in charge of anything during his stay at the white house. People were always speculating who actually was running the show just like now.

It’s not Obama or Biden, they are just patsies.

Mygirl....maybe
Mygirl....maybe
  Dirtperson Steve
November 23, 2021 2:01 am

I believe I said that…

mark
mark
  Mygirl....maybe
November 22, 2021 10:30 pm

I think the only two presidents in my lifetime they didn’t control (born in 49) they shot.

One died and one never did anything about two legs of the three legged stool he talked about attacking before he was shot.

But they let him build up the MIC.

But, the debt (our endless fiat slavery) and the size of the monster governemnt living under all our beds grew bigger and bigger and on it goes building itself back into a better parasite until we own nothing.

I say we will have to empty a 40 round mag under the bed.

a9racer
a9racer
  Mygirl....maybe
November 23, 2021 8:57 am

“redistributive justice”
False. He is just a grifter who found the way to get rich was to let his puppet strings get pulled by the NWO crowd.
The poor never see the money stolen from taxpayers.
BLM hasn’t started any college funds or cleaned up a black community.
Political sleight-of-hand makes your taxes disappear into their bank accounts.

Want to kill the beast? Quit paying taxes.
“But then you are not doing your part!”
Part of what?
Wage war on people who have not done me wrong?
Spread propaganda to the masses?
Line your pockets?
Pakistani Gender studies?

Yeah, no thanks.

Abigail Adams
Abigail Adams
November 22, 2021 1:39 pm

This is just all too shocking.

Tyranny is not sexy, Joe.

Ken31
Ken31
  Abigail Adams
November 22, 2021 10:52 pm

Yes. Because obviously this is a swimsuit contest.

Abigail Adams
Abigail Adams
  Ken31
November 22, 2021 11:05 pm

Might as well be. Total clown show, right?

Ken31
Ken31
  Abigail Adams
November 23, 2021 12:38 am

Honk Honk.

Anonymous
Anonymous
November 22, 2021 2:03 pm

No one who has been paying attention to the Biden regime is surprised by this move. Two weeks ago, I made note that this is exactly the course Biden would take, writing:

“If this Covid vaccine mandate is eventually cast aside by the Supreme Court, no one should be surprised to see Biden ignore any such ruling and carry-on tyranny as usual, much in the same manner as Lincoln chose to suspend habeas corpus despite a Supreme Court ruling that found him to be in violation of the Constitution.”

~ J Smith

https://thebluestateconservative.com/2021/11/09/compliance-is-not-a-virtue-biden-uses-covid-to-control-america/

Balbinus
Balbinus
  Anonymous
November 22, 2021 4:00 pm

Compliance is begging for death camps to be brought out to take care of your problem with authority. Resist until death, you’ll die anyway. You can die standing on your feet. You can die from the “vaccine”. You can die from a bullet in the back of the head in a death camp. Any way you are going to die. Trust Jesus as Saviour and how you die doesn’t matter. You can spend eternity in heaven with Him by taking Him as your Saviour or you can pay your sin debt yourself in the lake of fire for all eternity. You have heard the truth so it’s now decision time.

Anonymous
Anonymous
November 22, 2021 2:09 pm

Getting vaccinated is a choice that should be made between a person and their doctor, and not one American should be coerced or forced by Joe Biden to get vaccinated by being threatened with the loss of their job, and vaccinated or otherwise, the medicine we ingest or inject, our health records, and the choices we make regarding our own bodies, are not anyone’s business. And if we still lived in a free society, the federal government would be respecting our individual right to keep all of this private.

Forced to fight once again to physically secure rights that were long thought already secure and sealed on paper and in U.S. code, Americans find themselves in a very real war for the survival of traditional America against forces that are diametrically opposed to every principle the nation was built upon. We are in a war to secure and preserve the rights already won in 1776, as they pertain to individual liberty, and to stop an out-of-control authoritarian Marxist-Maoist regime from relegating our rights to privileges for them to dispense at their discretion. It’s a war for the rights of citizens and against an ever-increasing tyranny that seeks to reduce us all to subjects; and most important of all, it’s about whether You or the state owns Your body.

That we’re even broaching the subject shows how far into the realms of the surreal and a dystopian world America has already fallen.

Do not hide behind cowardly words, like “I had no choice”, but gather your courage to resist all intimidations and do what is right, in the face of the Biden regime’s absurd and oppressive rules and their Communist propaganda and gather your moral strength to refuse to comply with orders to fire the unvaccinated. Refuse to allow Biden to segregate us into a new age caste system of the vaccinated and unvaccinated, as you show him your ire and scorn, and do not wait so late to act that historians may write books about how you supported tyranny over human rights, for this is surely a self-defining moment for us all. And no one should want to abdicate their personal responsibility on this matter, with the cost so high.

Fight with every tool at your disposal, and I do mean EVERY tool, and refuse to submit, obey, or comply with anything and anyone who stands between your freedom and liberty, the freedom and liberty of America’s families. Fight with all your being and all your might so that you and your family may live free again in the tomorrows to come and future generations too will know freedom.

~ J Smith

Ghost (Article double posted...FYI)
Ghost (Article double posted...FYI)
November 22, 2021 2:16 pm

Admin, this post double-pasted. It repeats itself.

It’s good, but it isn’t that good.

Ghost
Ghost
  Ghost (Article double posted...FYI)
November 22, 2021 4:05 pm

Done and done.

MrLiberty
MrLiberty
November 22, 2021 2:18 pm

So who exactly “enforces” the actions of the courts when the criminals in power violate them? Obviously any talk from the citizens would be considered “domestic terrorism” or similar. We obviously know that the FBI will never side with the Constitution, the courts, or the people.

Balbinus
Balbinus
  MrLiberty
November 22, 2021 4:06 pm

That certainly is a new monkey cluster here in the land. I believe it will come down to patriots willing to stand to correct this monkey cluster. Time will tell.

Mark
Mark
November 22, 2021 2:31 pm

Why would anyone with two brain cell’s to rub together listen to anything the white house says. The only time they are lying is when their lips move.

mark
mark
  Mark
November 22, 2021 7:04 pm

Mark,

Respectfully, I just posted a thread under Mark…it should have been mark….because the small m is what I have been using here for 7 years.

I agree with your post and upvoted you…you don’t post often but so far I have always agreed with your posts…but many here respond to me as Mark…not mark.

Could you add something to Mark to tell us apart?

Appreciate it buddy.

Ken31
Ken31
  mark
November 22, 2021 10:54 pm

I think all the marks around here are generally of sensible enough character not to bring shame upon one another by some minor confusion.

Ghost (Article double posted...FYI)
Ghost (Article double posted...FYI)
November 22, 2021 2:33 pm

If the Supreme Court had any integrity at all as stewards of the Rule of Law, they would issue a Writ of Certiorari, review the 5th Circuits decision and declare their Marbury vs. Madison moment and tell the Executive to sit their totalitarian ass down.

Then, Biden will appoint four more justices from China and we shall see what the Congresscritters do.

The rule of law cannot survive this president. He will be most loathed on the face of the earth, bar none. He will have presided over the end of the American dream for everyone, worldwide.

I will take that from my name out of this post… Hopefully a quick edit will suffice.

Steve
Steve
  Ghost (Article double posted...FYI)
November 22, 2021 5:29 pm

“If the Supreme Court had any integrity at all as stewards of the Rule of Law..” I think you answered your own question. Where the F are they?

Mygirl....maybe
Mygirl....maybe
  Steve
November 22, 2021 10:01 pm

The Supine Court revealed itself to be yet another corrupt federal institution when it refused to hear the Texas lawsuit. The court’s action in that suit codified election theft. Anyone who still believes in the rule of law or the Constitution is living a fantasy. We are being ruled by an illegal junta and Biden is an imposter and usurper controlled by the likes of Nancy Pelosi and Barack Obama and they are controlled by the likes of George Soros who is controlled by the board of directors of Blackstone, Vanguard and the BIS and World Bank.

Ken31
Ken31
  Mygirl....maybe
November 22, 2021 11:02 pm

Article III was an intentional loophole. So was the commerce clause, even though it was called out for what it was at the time. So was Article III. The anti-Federalists were correct on every criticism.

The Good guys don’t always win. Or even often.

Ken31
Ken31
  Steve
November 22, 2021 11:00 pm

They shouldn’t even be deciding these kinds of issues. It is in their jurisdiction for once, but congress should be acting on this. We don’t even have the façade of a representative government. People keep accusing their neighbors of voting wrong. I say stop pointing the fingers at your neighbors and start making your representatives very uncomfortable any time they come to town.

They should not get to prance around like they matter if they are not going to fight tooth and nail for the posterity of America. They are all traitors both literally and figuratively. They literally serve foreign masters. Israel being foremost among the legal entities behind that. AIPAC does not have to register as a foreign agent. How strange. How Strange.

Tom MacGyver
Tom MacGyver
November 22, 2021 3:32 pm

Biteme can “demand” all he wants. He’s been told by the court that he has no authority to do so. Businesses that “comply” are leaving themselves open to lawsuits from people wo get vaxxed and then get sick from it.

Joe, the colonoscopy is done. You can stick your head back up your ass again…

Balbinus
Balbinus
  Tom MacGyver
November 22, 2021 4:09 pm

Tom, You just revealed why Slo Joe’s world is so dark.

Ken31
Ken31
  Tom MacGyver
November 22, 2021 11:08 pm

I do not need mystics in black robes to validate my God given rights.

RJ
RJ
November 22, 2021 3:51 pm

Joe Biden was never popular. That’s why he almost never left his basement and why about 20 million votes had to be manufactured to install him as president.

BUCKHED/BUY MORE AMMO/BOURBON TOO
BUCKHED/BUY MORE AMMO/BOURBON TOO
November 22, 2021 4:24 pm

Joe can suck a diseased donkey cock ! Oh wait…Kamala-Mala beat him to it .

Zulu Foxtrot Golf
Zulu Foxtrot Golf
November 22, 2021 4:30 pm

The fact that none of us have done anything in regards to the continued push tells us all we need to know: we will wait until the absolute last second and make this struggle more ridiculous.

I wonder what my action point is?

As a thinking man I dread having to even entertain another uncivil war. As a veteran, I feel sorry for the violence coming, the real violence, that is going to make everything prior look like amateur hour. When the small unit action or solo action commences it will be ultra-violent and outright nightmarish if my read on some intel is correct.

This goes without saying, but I will say it anyway: the amount of anger, frustration and outright rage against the tyrants and murderers will flood the planet with a tidal wave of blood from the perpetrators.

Moreover, the rivers of tears from the ignorant, useful idiots that have bought into the fear factory will know a new fear so primal and raw that it will pale anything manufactured by the NWO.

Heads on spikes. Innards on walls. Bloodlines flayed. Vengeance exacted. Examples made. Bloodlust fulfilled. Rage is a scary thing. Calculated, focused rage well-executed is absolutely frightening, and effective.

The courts are neutered as proofed by the lack of penalty enforced on the tyrants in DC that continue to push their bullshit agenda on us in spite of legal ruling. Sadly, it always takes a stark reminder from a silent section of society to put those fuckers in check.

The media is in full overdive pushing the outright lie of racism and demonizing of caucasians while absolving negroids of any wrongdoing because they are too ignorant to see they are being used by their “saviors.” There is an avalanche of propaganda pushing this world to violence that serves a purpose to the NWO regardless of win or loss.

We can only be neutral for so long before we must choose a side. My side is absolute freedom from tyrants, taxes and carrying dead weight. This is the hill that I will kill on. I do not claim to have any other insight aside from this: know what your line of departure is and once you step off the only direction to go is forward either to victory, heaven, hell, valhalla, purgatory, nirvana or whatever you believe in, but do not lose for you will get no mercy and surely death will be a much kinder fate than that of the enemy’s hand.

Resign yourselves to the United States of America merely being an afterthought of our forefathers. The USA died on 9-11-2001. Most people just didnt know it at the time.

In a time of useless fools, be a renegade. It is near-time to hoist the flag.

ZFG, out.

P.S. fuck that mother fucker and everyone of his handlers. You all got a righteous comeuppance headed your way you fucken traitors. Not even traitors to your country, but traitors to your species.

Who the fuck has some bourbon? I want a fucken drink and I havent drank in years. Will Munny is coming to roost.

Seriously though: what fucken plane of existence are we on right now? This planet has lost its fucken collective marbles.

Fuck Joe Biden. In fact, fuck every fucken woke, fascist piece of shit fucken coward that supports this ridiculous fucken charade.

Known Associate
Known Associate
  Zulu Foxtrot Golf
November 22, 2021 6:26 pm

Actually the US has died multiple times from 1860 to 1913 to 1963 (this date) to 911 and on and on, and they just can’t kill the beast. Time to be the beast and keep it alive again.

Zulu Foxtrot Golf
Zulu Foxtrot Golf
  Known Associate
November 22, 2021 7:57 pm

Well then I amend it to the death in my years lived.

Eliot
Eliot
  Zulu Foxtrot Golf
November 23, 2021 12:39 am

If dementia’s conscription of businesses takes hold then when things get hot in every nook and cranny of the country one of the first places that gets hit will by the much un-loved HR Department of tyrant businesses. It will be a hell of a statement to every woke company, visible beyond belief, and impossible to ignore all the blood on the floor. There won’t be enough storm troopers to head off the reality of what is coming.

mark
mark
  Zulu Foxtrot Golf
November 23, 2021 11:51 am

Ha! Let’er rip Zulu Foxtrot Golf…I thoroughly enjoyed that!

NBerinKS
NBerinKS
November 22, 2021 4:45 pm

Long time reader, 1st time poster. I work for a health insurance provider and we have been put on notice for the Maxine (mandated vaccine): be fully vaxxed by Jan. 4 or face the consequences. The latest missive from the HR department was “There have been several news stories of the 5th District Federal court halting the vaccine mandate issued through the executive order. However, this only applies to those businesses which fall under the OSHA guidelines. XXX is deemed a federal contractor, so this does not apply to our company.”. There was also a section in the OSHA guidelines about remote workers being able to test weekly, rather than get jabbed, but no reference to that from my company. My confusion is this: What other guidelines are there besides the ones from OSHA? Does anyone know what they mean? Yes, I know I could ask HR, but I want a real answer, not BS.

grace country pastor
grace country pastor
November 22, 2021 5:26 pm

LET’S GO BRANDON…

Steve
Steve
November 22, 2021 5:28 pm

Just more proof, if required, that they will only be stopped by massive confrontation. Hopefully peaceful confrontation, but who knows? This is the Big One, folks!

mark
mark
November 22, 2021 6:35 pm

SECRET NETWORK OF COVID PLANDEMIC CO-CONSPIRATORS REVEALED (Must Read!)
Here’s How They Rolled Out The Covid Tyranny Nation By Nation So Quickly
Exposed: Klaus Schwab’s School For Covid Dictators, Plan for ‘Great Reset’ (Videos)comment image\

SECRET NETWORK OF COVID PLANDEMIC CO-CONSPIRATORS REVEALED (Must Read!)

mark
mark
November 22, 2021 7:26 pm

CHINA COMMUNIST PARTY BOSSES DISCUSS VACCINE IMPACT ON USA MILITARY FORCES SAY: “EVERYONE WHO TOOK THE VACCINE IS DEAD” –
comment image?w=800&ssl=1

A horrifying video conference (video below) from inside China has been intercepted by intelligence sources and in it, bosses from the China Communist Party (CCP) discuss the future of the United States after distribution of the vaccine: “Everyone who took the vaccine is dead” they say.

CHINA COMMUNIST PARTY BOSSES DISCUSS VACCINE IMPACT ON USA MILITARY FORCES SAY: “EVERYONE WHO TOOK THE VACCINE IS DEAD” – 

Rise Up
Rise Up
November 22, 2021 8:38 pm

I am a federal contractor for an Executive Branch agency and thus was under the FJB Executive Order of 9/9/21. Last week my employer accepted my religious exemption request. No testing is required since we have been working from home since March of 2020.

It was a form with 5 questions and allowed for additional text to support the claim. I stuck strictly to the facts that all 3 vaccines are derived from aborted fetal tissue, and provided footnotes from the North Dakota and Louisiana Departments of Health that proved it, and taking those vaccines would thus violate my sincerely held religious belief that abortion is murder.

My son is also a fed contractor in the same agency but with a different company. The President and CEO of the company he is contracting under called him directly 2 weeks ago and said they were not enforcing the mandate.

I think cracks are chinking in this deception of lies and the entire mandate crap is crumbling.

But don’t lose sight of the fact that the EO I was under is separate from the OSHA court finding. There are hundreds of thousands of Executive Branch federal employees and private contractors still struggling with that order and the 5th Court finding doesn’t help them.

Dirtperson Steve
Dirtperson Steve
November 22, 2021 10:18 pm

“Now let them enforce it!” President Andrew Jackson

When will R governors also grow a set and ignore court orders to protect their citizens? That is the real question because imho is is the beginning of the end for FUSA.

Ken31
Ken31
  Dirtperson Steve
November 23, 2021 12:41 am

When will the public accept that the politicians are all frauds?

Perry
Perry
  Dirtperson Steve
November 23, 2021 12:43 am

Maybe the Ares will hire Liz Cheney as a spokesperson to get this matter resolved quickly????

Ken31
Ken31
November 22, 2021 10:49 pm

Over their dead bodies, and I will stack them like cordwood to reinforce my perimeter.

Thunderbird
Thunderbird
November 23, 2021 6:22 am

Who is John Galt?

a9racer
a9racer
November 23, 2021 8:44 am

Well, Biden and I agree on something. He disdains the laws of our country and I disdain his “laws”.

Fake news
Fake election
Fake president
I will not comply

Random63
Random63
November 23, 2021 10:39 am

It will come down to the companies. Will they abide by the courts or King Biden’s edicts? My company has no idea which direction they will go yet. I am assuming and preparing for my job being lost January 4th, yet hope for the best.

Determine how much you need to bring in each day to keep the lights on, and figure out how you will obtain it. Might have to get creative.