Biden’s Chief Of Staff May Have Sunk Vaccine Mandate In Fifth Circuit Case

Carmine SabiaNovember 14, 2021

Getty Images

It could have been President Joe Biden’s own White House Chief of Staff that sunk his vaccine mandate when it was stayed by the Fifth Circuit Court Of Appeals.

The court mentioned a retweet by White House Chief Of Staff Ron Klain in its decision to stay the mandate last week, The Blaze reported.

“The Constitution vests a limited legislative power in Congress. For more than a century, Congress has routinely used this power to delegate policymaking specifics and technical details to executive agencies charged with effectuating policy principles Congress lays down. In the mine run of cases—a transportation department regulating trucking on an interstate highway, or an aviation agency regulating an airplane lavatory—this is generally well and good. But health agencies do not make housing policy, and occupational safety administrations do not make health policy,” the court said in its decision.

“In seeking to do so here, OSHA runs afoul of the statute from which it draws its power and, likely, violates the constitutional structure that safeguards our collective liberty,” it said.

The panel of three appellate court justices indicated they believed the Biden administration is seeking to use OSHA to enact its COVID vaccine mandate as a “work-around” for the federal government’s glaring lack of legal authority to enforce such a broad mandate.

Their perspective toward the Biden administration’s motive was located in a footnote in the court opinion. In that footnote, the court cited a “retweet” by Klain.

“On September 9, 2021, White House Chief of Staff Ron Klain retweeted MSNBC anchor Stephanie Ruhle’s tweet that stated, “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.” See, e.g., Pet’rs Burnett Specialists, Choice Staffing, LLC, and Staff Force Inc.’s Reply Brief at 4,” it said.

“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 vehicle it landed on was an OSHA ETS,” the court said.

The Fifth Circuit Court of Appeals ordered the U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) to “take no steps to implement or enforce the Mandate until further court order,” Fox News reported.

This is the most recent development in what is likely to be a long, legal fight to determine the Constitutionality of the workplace mandate.

Texas Attorney General Ken Paxton, one of the critics of the mandate, celebrated the court victory on Twitter.


“Citing Texas’s “’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,” he said.

At Biden’s direction, the OSHA issued a rule earlier this month requiring U.S. employers with 100 or more workers to ensure their workers are fully vaccinated against COVID-19 or undergoing weekly tests for the virus by Jan 4. Businesses that don’t comply face thousands of dollars in fines.

The rule prompted a slate of legal challenges from at least 27 states as well as business and religious groups who argue the mandate is unconstitutional. Biden and other federal officials argue the mandate is necessary to end the COVID-19 pandemic and fully reopen the economy.

This follows the Fifth Circuit granting a temporary stay last Saturday.

The U.S. Court of Appeals for the Fifth Circuit originally made the decision pending further litigation, Bloomberg Law reported.

“Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s Nov. 5 2021 Emergency Temporary Standard (the “Mandate”), pending expedited judicial review,” the court said.

“Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court,” it said.

These people are stupid!
Q – Sep 24, 2020

These people are stupid.
Q – May 26, 2020

IDEN another leaker.
These people are stupid.
Q – May 11, 2020

These people are stupid.
Q – Jan 30, 2020

These people are stupid.
Q – Nov 20, 2019

These people are stupid.
Enjoy the show!
Q – Jul 22, 2019

[Smollett] Federal charges coming?
Watch the news.
These people are stupid.
Q – Jul 14, 2019

Why did we highlight the rally last night by showcasing volume of support?
Define ‘Bait’.
How many FAKE NEWS Twitter journalists are tweeting about ‘Q’ today re: rally attendance last night?
These people are stupid.
Q – Mar 29, 2019
He thought that was part of the plan (end game)?
Hence why [RR] drafted the recommendation letter to fire?
“So many questions.”
These people are stupid.
Indictment(s) coming?
Q – Mar 27, 2019

2 for 1?
3 for 1?
4 for 1?
These people are stupid.
Q – Mar 26, 2019

And SO many more… like this: