Fifth Circuit Court Upholds Smackdown of Biden Jab Mandate

P. Gardner Goldsmith | November 15, 2021
Font Size

MRCTV readers and viewers likely already absorbed our first wave of information about the Fifth Circuit Federal Court of Appeals' three-judge panel issuing a temporary injunction on November 6 against Joe Biden’s “jab/mask/test” mandate for companies of 100 workers or more.

The temporary halt came as a response to a case called “BST Holdings v. OSHA” (Docket No. 21-60845), which is legal action brought by the Attorneys General of Texas, Utah, Mississippi and South Carolina, as well as several private businesses located in the region covered by the New Orleans-based Fifth Circuit. And it represents just a small fraction of the 27 states all over the U.S. that have engaged in legal opposition to the Biden Labor Department command.

Now, we have a key update.

After the Labor Department’s Occupational Safety and Health Administration (OSHA) Monday requested that the court lift its stay against the federal edict, the same three-judge panel has denied their request, and added some very valuable commentary about the assumed medical “efficacy” of the mandate itself.

On November 12, the office of Texas Attorney General Ken Paxton tweeted news of its success against the feds.

Citing Texas’s ‘compelling argument[s],’ the 5th Circuit has stayed OSHA’s unconstitutional and illegal private-business vaccine mandate. WE WON! Litigation will continue, but this is a massive victory for #Texas and for FREEDOM from Biden’s tyranny and lawlessness.

And Breitbart’s Jordan Dixon-Hamilton reports:

In its decision, the court ordered OSHA to ‘take no steps to implement or enforce the Mandate until further court order.’

Which means that, until the likely Biden Labor Department appeal of this ruling goes to the Supreme Court of the United States (SCOTUS), businesses with 100 or more workers located in the region covered by the Fifth Circuit (which includes Mississippi, Louisiana, and Texas) will not have to engage in the government-ordered practice of telling their employees to accept an mRNA injection, or get tested at their own expense, and to wear masks. The jab command would have taken effect on January 4, and the mask edict would have begun on December 5.

Related: Celebs Try Shaming Americans To Wear Facemasks – While Disregarding Rights And Scientific Debate | MRCTV

(Because, don’t forget: the Biden administration is very consistent about mask-wearingreally, seriouslymask efficacy isn’t disputed in any way, and, as Jen Psaki’s double-jabbed-but-got-COVID19-anyway story tells us that the mandates and the massive fines of $136,532 per person, per violation, are really “all about stopping the spread” and aren’t at all an attempt to extort people in any way.)

One wonders if the judges on the Fifth Circuit Court were aware of this when they issued their new ruling, because, they observed:

The Mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly ‘grave danger’ the Mandate purports to address.

But all of that is actually secondary to the larger issue of how the Dr. Frankensteins who command this monstrosity of a national government continue to push rabidly unconstitutional edicts via offensively unconstitutional agencies that long ago should have been questioned and eliminated from the Federal Register.

While the Fifth Circuit did not rule on the "constitutionality" of the Biden mandate, it did say that the OSHA attempt to impose its "Emergency Temporary Standard" on businesses "grossly exceeded its statutory authority."

Meanwhile, OSHA, the Labor Department, the FDA, the CDC, and most of the tentacles of the federal leviathan stand as monumental insults to the U.S. Constitution, the enumerated “powers” therein, to the Founders, and to our inherent rights.

The Constitution has not stopped these madmen and madwomen in D.C. from creating and running such blatantly authoritarian agencies.

That’s going to be up to us.


(Cover Photo: Gage Skidmore)