Joe Biden keeps losing in court and he can’t figure out why. He thought when you are elected dictator you are no longer subject to the law. He has had a rude awakening. The Sixth Circuit Court of Appeals ruled against his vaccine mandates for private businesses.
The Fifth Circuit Court of Appeals had already turned him down on constitutional grounds. His lawyers tried to get the trial sent to a friendlier court, but that was refused also.
Biden’s only option now appears to be the Supreme Court. That could be problematic. The only way that would happen is if four justices agree to hear the case.
Even if that happens, it would take a majority of the justices to put it on the docket immediately. But, if the majority agrees with the lower courts, they might allow a quick hearing so that they can kill the mandate altogether.
If they refuse to hear the case, the decision of the Sixth Circuit Court of Appeals will stand with no possibility to appeal.
On Nov. 12, the 5th Circuit granted a motion to stay the ETS and ordered that OSHA “take no steps to implement or enforce” it until further court order.
In their decision, they said the mandate was “fatally flawed” and said that the mandate would likely be declared unconstitutional.
Rob Natelson, a former constitutional law professor, recently wrote an op-ed for the Epoch Times and he said if it goes to the Supreme Court, there are several items they would need to decide, including whether the mandate is constitutional, whether OSHA is overstepping its authority, and whether the mandate violates the denies individuals due process of law.
In its Nov. 23 filing, the Biden administration argued that the 5th Circuit panel erroneously interpreted the OSHA mandate, saying that “the speculative compliance costs and similar harms asserted by regulated parties cannot overcome the extraordinary harms to the public interest detailed above.”
“Simply put, delaying the standard would likely cost many lives per day, in addition to large numbers of hospitalizations, other serious health effects, and tremendous expenses,” White House lawyers alleged in the filing. “That is a confluence of harms of the highest order.”