by Robert Spencer
A temporary victory for individual freedom and common sense.
On Saturday, the Fifth Circuit Court of Appeals struck at least a temporary blow for individual freedom and common sense, temporarily suspending Biden’s handlers’ tyrannical and absurd vaccine mandate in light of “grave statutory and constitutional issues.”
The mandate forces companies with more than 100 employees to require vaccinations or weekly COVID-19 tests. This requirement, which makes less sense with each passing day as new evidence comes to light that the vaccines just don’t work, was challenged by, among others, a Louisiana businessman whose name is actually Brandon: Brandon Trosclair.
According to Pelican Post News, Brandon Trosclair “employs nearly 500 people across 15 grocery stores in Louisiana and Mississippi. Under the new rule, Trosclair would be forced to fire any employees who decline the COVID vaccine – many of whom have worked tirelessly since the pandemic’s start.” Consequently, “with help from the national law firm Liberty Justice Center and the Louisiana-based Pelican Institute for Public Policy,” Trosclair and some other lovers of freedom filed a petition with the U.S. Circuit Court of Appeals, asking for a stay of the mandate.
Daniel Suhr, managing attorney at the Liberty Justice Center, declared: “The Biden Administration’s illegal vaccine mandate for private companies represents the most egregious government overreach in our generation. No matter how you feel about the COVID vaccine, every American should be outraged. Apparently, the Biden Administration’s COVID strategy is this: circumvent Congress, ignore the Constitution, then threaten and bully millions of Americans to get vaccinated against their will. It’s an assault on the U.S. Constitution, which the President has sworn to uphold.” Yeah, but he’s probably forgotten he did that.
Sarah Harbison, General Counsel at the Pelican Institute for Public Policy, added: “Not only is this mandate a blatant overreach by the federal government, it also has a real impact on Americans who are looking for work and business owners who are struggling to keep their doors open. The Biden Administration’s mandate will put up a new barrier to work that hurts people’s ability to get a job and provide for their families.”
Indeed. These are commonsense observations, and against all odds, they prevailed in an American court, at least for now: Trosclair’s petition has been granted.
“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. 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,” the 5th Circuit panel said in a statement.
This is just temporary relief, but it could become permanent: “The Government shall respond to the petitioners’ motion for a permanent injunction by 5pm on Monday Nov 8. The petitioners shall file any reply by 5pm on Tuesday Nov. 9.” Of course, after that it will likely go to the Supreme Court, and with the high court nowadays, who knows?
Related: Business Groups Ask Biden to Delay Vaccine Mandate Until After the Holidays
Brandon Trosclair himself commented, “Over the past 20 months, my employees have showed up to work and served their communities in the face of COVID and hurricanes. Now I’m being told by the government to insert myself into their private health decisions? That’s wrong and I won’t stand for it. It is not the government’s place to tell me how to operate my stores or to force me to interfere in the private medical decisions of my employees.”
Trosclair is, of course, absolutely right, and has succinctly stated the problem with the mandates. The federal overreach that the mandates represent is monstrous and portends more authoritarianism from the increasingly authoritarian Left, unless Leftists are stopped in their tracks, now, before it’s too late.
The fact that the mandate has been stayed at the petition of a man named Brandon is so piquant and delightful that it makes one wonder if all this is unfolding according to a script, one written by a Hollywood hack with a propensity for the ham-handed and the obvious. But it’s real, and we can only hope that Brandon Trosclair will continue to meet with success in the courts, until this unjust, tyrannical and unconstitutional mandate is finally relegated to the dustbin of history.
Until then, there is only one thing to say: Let’s Go Brandon!
Robert Spencer
Source: https://www.frontpagemag.com/fpm/2021/11/court-stays-bidens-vaccine-mandate-granting-robert-spencer/
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