Supreme Court does Joe Biden’s dirty work by delaying ruling on vaccine mandate
Joe Biden’s vaccine mandate for companies with 100 or more employees officially went into effect on Monday and companies are scrambling to figure out how to force employees to comply. Meanwhile, the Supreme Court is sitting on its hands, refusing to rule, and compelling employers to enforce Biden’s totalitarian mandate.
On December 15, 2021 a three-judge panel for the U.S. Court of Appeals for the Fifth Circuit ruled that the lower Louisiana federal court only had the authority to block the mandate in the 14 states that had actually filed suit. The following day, a federal court in Texas granted a preliminary injunction to enjoin CMS from enforcing is vaccine mandate in Texas. Thus, the CMS mandate has been blocked from enforcement in 25 states but remains in effect in the remaining 25 states, including Michigan. On December 28, 2021, the CMS updated its FAQs indicating it is moving forward with implementation of the CMS in the 25 states not subject to the Stay and modified its compliance timeline to January 27, 2022 for phase one and February 28, 2022 for phase two. See External FAQ IFC-6 Guidance Memo 12 28 21 226 (508 Compliant).
The U.S. government applied to the Supreme Court asking for a nationwide stay of the injunctions issued by the lower federal courts, pending full review by the lower Circuit courts. The Supreme Court granted the request and also held an emergency hearing on the CMS Rule this past Friday, January 7, 2022.
Since then, the court has been silent—negligently so.
On Monday, most of the provisions of the Emergency Temporary Standard (ETS) went into effect, with the exception of the testing requirement for unvaccinated employees, which has been delayed until Feb. 9. Employers across the county, terrified of running afoul of OSHA, are demanding employee vaccination information and warning those who refuse that they will be treated just like the filthy, unwashed, unvaxxed. Those employees will be required to submit to a weekly COVID test if they want to continue to feed their families.
Not long after Biden issued the ETS, Chief of Staff Ron Klain said the quiet part out loud when he retweeted MSNBC anchor Stephanie Ruhle’s post that said, “OSHA doing this vaxx mandate as an emergency workplace safety rule is an ultimate work-around for the Federal govt to require vaccinations.”