Administration Updates / Coronavirus

Court Blasts Biden’s Anti-Work Vaccine Mandate


Working Americans got good news on Friday. They may not have to worry about getting laid off because of qualms about the COVID-19 vaccine. A federal appeals court suspended the Biden administration’s attempt to mandate the shots at private sector workplaces with 100 or more employees.

Under President Joe Biden’s order, which would go into effect on Jan. 4, employees who refuse the shots have to submit to weekly testing at their own expense or lose their jobs.

Vaccines are not required to collect welfare or food stamps or to come across the southern border and apply for asylum. They’re just required to work. Go figure.

Justifying the mandate, Biden said his “patience” was “wearing thin ” and “too many people remain unvaccinated.”

But a three-judge panel in the Fifth Circuit Court of Appeals slammed Biden’s ends-justifies-the-means approach. The Constitution limits what the federal government can make people do, even in emergencies.

It’s in the public’s interest, Judge Kurt D. Engelhardt wrote, to protect “our constitutional structure and” maintain “the liberty of individuals to make intensely personal decisions according to their own convictions — even, or perhaps particularly, when those decisions frustrate government officials.”

And exasperate their liberal media allies. CNN bashed the Fifth Circuit as “notoriously conservative.” Vox dismissed it as a “right-wing panel.” Washington Post columnist Ruth Marcus slammed the judges’ “stingy vision of the federal government’s powers” and threw up her hands: “Maintaining our constitutional structure? How about saving lives?”

Conspicuously lacking in the left’s response is a legal defense of the mandate. It’s indefensible. Even before Friday’s ruling, Biden’s spokesperson Karine Jean-Pierre told employers to bulldoze ahead, disregarding legal challenges.

That shows how little the Biden administration and Democrats care about the rule of law and individual freedoms.

The Fifth Circuit judges deemed the mandate recklessly “overinclusive.” Rather than using “a delicately handled scalpel” to identify workplaces where unvaccinated workers may pose a severe risk — such as meatpacking plants, where employees work shoulder to shoulder — federal regulators used “a one-size-fits-all sledgehammer.”

At the same time, said the judges, the mandate is inexplicably “underinclusive,” not affecting anyone in smaller workplaces as if the virus passes over them.

And how about people who don’t work? The judges didn’t raise the issue, but the public keeps asking about it.

The Fifth Circuit also balked at using the Occupational Safety and Health Administration to weasel through a mandate that far exceeds that agency’s authority and circumvents Congress. Some reports called it “the ultimate work-around.”

Not that congressional action would have done the trick. The judges doubted Congress has the authority to compel individuals to get vaccinated, like states and local governments do.

The Constitution’s commerce clause has been stretched like a rubber band over the last century to support expansions of federal power in economic areas, but it can’t support mandatory vaccination, which the judges called a “noneconomic inactivity.”

This case is headed for the U.S. Supreme Court, where the mandate is unlikely to survive. As Justice Neil Gorsuch opined in another COVID-19 case, “civil liberties face grave risks when governments proclaim indefinite states of emergency.”

In the meantime, Republicans in Congress are seizing the opportunity to highlight how the mandate makes working people into suckers, while no one else is being forced to choose between their personal freedom and putting food on the table.

Using the Congressional Review Act, a handy tool to overturn agency regulations, Republicans will be calling for a vote of disapproval against the vaccine mandate. Even if it passes both houses, Biden will likely veto it. Getting two-thirds of both houses to override Biden is unlikely. Even so, calling the vote will be a pretty sight, with moderate Democrats squirming about forcing vaccine mandates on their constituents when members of Congress and their staffs don’t have to get the jabs to keep their jobs.

It’s the typical Washington D.C. hypocrisy: Rules good enough for thee but not for me.

Betsy McCaughey is a former lieutenant governor of New York. Follow her on Twitter @Betsy_McCaughey. .


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10 months ago


Dr. L
10 months ago

The sooner people realize that Covid19 is here to stay. The sooner all of us can get back to normal. The focus of research should now be antiviral meds. Vaccines that need boosters every six months is not the answer!

10 months ago
Reply to  Dr. L

It’s not a vaccine, it’s a money toting plan that the UN is trying to force on all countries. Well, this is a country where it’s citizens have freedom of choice when it comes to health care and they can shove their communist bs where the sun doesn’t shine. Let’s go Brandon

10 months ago

Maybe it’s just me but if you can still get Covid after you are vaccinated, What’s the point of forcing people to get vaccinated. Just a bunch of liberal bull to make money for the drug companies.

10 months ago


Paul Brown
10 months ago

The filthy controlling dems didn’t worry about this virus when they brought it here illegally just to help them steal this election though did they??? They helped kill millions of people just to get what they want, well they can all kiss my ass, because i will not get the shots. I do my best to stay clean of anything, and i will not fall to the crap the dems come up with just to control our lives some more. They are such crooked filthy pigs try to get what they want again, well it is not going to happen this time.

Fred Fuhrer
10 months ago

I joined AMAC just to get away from the “seven carbon everyday supid liberal sons of Bitc#es” that populate the
” Washington Swamp” that containes the OTHER liberal retiree group that kisses butt there. I am so tired of the same stuff, different day crap you see on TV every day. I applaud this “Fifth Circuit Court of Appeals” everytime they slap the far left little tin gods really hard. No more unilateral COVID mandates coming from a little man with a chip on his tiny shoulder, and no more “man caused” climate change B-S when geologists KNOW the Earth naturally goes through this every 40,000 years or so. The evidence is there for anyone to see, if they care to see the TRUTH. WE do not have the technology to do anything about this climate change, or if we do, nobody has the money to do it because of double digit inflation caused by Biden and his “Partners in Crime”. Biden’s “inflation” has stolen our future.

10 months ago

I cannot even look at Dr. Fauci; just another liar, but dangerous. And he has gotten so much of the tax payers money handed to him for a terrible job. $$$Fauci$$$
YES, the Fifth Circuit Court of Appeals cares about the American people! ! !

10 months ago
Reply to  BAE

FAUX-chi & that FUGLY thing from cdc – YUK ! ! ! ! !

10 months ago

AMAC thanks for providing updates and keeping many of us who truly care about this country informed.

Biden needs to step down and if Jill cared about her husband she wouldn’t allow him to continue looking like a fool and the embarrassment of incompetence.

Fauci, Gore both of these men have spent their lives indoctrinating Americans about COVID and Global Warming. They have made billions convincing our Govt.

Camille Gilliam
10 months ago

Why don’t all of the businesses that have high ceiling put in UVA or UVC light bulbs, they kill the virus. They say the UVA can cause skin cancer and blindness. We have been using them since mid May 2020, no one has gone blind or gotten skin cancer, we are not standing directly under the lights, and no one has come down with Covid in our hair salon.

10 months ago

That doesn’t sell Vaccines or support unchecked rule over the proletariat. Just like all of the inexpensive drugs we could have used to checked the rate of Covid-19 cases and deaths.

Camille Gilliam
10 months ago

I would like to know what Dr. Fauci, Dr. Brix, and Bill Gates were doing in Wuhan the fall of 2019? I saw the video of them leaving the lab and walking around, then a few months later this virus is loose?

10 months ago

Agreed. I hope we find out. Another coverup.

David Shumway
10 months ago

Check out the documentary Plandemic. It is very clear.

Camille Gilliam
10 months ago

I do NOT see how Biden can mandate a vaccine that isn’t working the way it is supposed to. We have the right to make our own decision on if we should take the vaccine. We really don’t care if this is what he wants, he is NOT our legitimate President anyway.

Clifford Hoper
10 months ago

Many, many people have given their lives for freedom, now we’re being mandated to relinquish our freedom to “save our lives”. What a horrible epatath being placed on those who gave everything—their lives—for our freedom! “Health” above freedom is not healthy at all.

Enuf Said
10 months ago

Well Biden my patience is already worn thin– so, BIDEN–YOU can kiss my A$$-he is behind the barn eating hay!!

Bruce P
10 months ago

Why is GOOGLE advertising on AMAC comment sections? The most intrusive company on the planet is being allowed to use a platform made for us, the conservative American? Don’t sell out on us AMAC.

Kyle Buy you some guns,and learn how to shoot
10 months ago

Great to see that stopped. If you have to have a mandated shot, what’s to prevent you having a shot for anything on down the line. ?? Kyle L.

10 months ago

And yet there is still no mandate for those in welfare, food stamps, illegals to get the vaccine!

G Schalk
10 months ago
Reply to  Arlene

Mandates and drug testing are only for MAKERS of wealth, not TAKERS of wealth (invaders, government ‘workers’ (they take from tax payers), and union goons (they take from share-holders))

Camille Gilliam
10 months ago
Reply to  G Schalk

Why should we get vaccinated when it has been proven that HCQ and Ivermectin both keep one from getting the virus. A Dr. in Minn. tested Ivermectin on nurses, half got Iver. and the other half didn’t, the ones that got Iver never came down with Covid. The half that didn’t get Iver, 55% came down with Covid.

10 months ago
Reply to  Arlene

How bout all the people that sent it to court in the first place. That would b all the slime balls in Washington DC that want to enforce this mandate including Mr. Sleepy Joe himself. They haven’t been vaccinated!

10 months ago

Why not give the same protection not to get vaccinated to all places of employment? Why? people in small settings don’t count? What garbage. What arew you idiots happy about?

10 months ago

The CDC finally admitted that anyone that has had the virus now has immunity. And if evidently is better than the so called vaccines because a LOT of ‘fully vaccinated’ are in the hospital with covid, to say nothing of the ones that end up with Guillain Barre or Bells Palsy or worse…DEAD. I believe I have already had it although didn’t go get tested….and if I didn’t I have the best immune system ever as I was around grandkids, great grandkids with it. No way am I getting that poison crap put in my body. I didn’t make it to 82 being a ‘sheep’.

Warren Whiteaker
10 months ago

Hypocrites! Lyers All..Butt, God will judgeUltimately!!!

10 months ago

America had it’s legal system destroyed — by the Left — by 2000. Americans are only, slightly, now noticing.
The Left destroys everything it touches. Our legal system is just another branch of their vile overreach. The Left uses it to HARM those it doesn’t like. Using government to HARM people has been a long standing tactic of the Communist Party.
If you want to understand our legal system’s faults and evilness these days, just think Britney Spears.
Think property confiscation through numerous methods. Think of any number of ways the Left steals from Americans.
Then think about the freedom all muslims and illegals are given.

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