Biden’s OSHA-enforced mandate currently is being threatened. Last week, the 5th Circuit Court of Appeals refused to remove their stay on Biden’s “emergency” regulation, mentioning grave constitutional issues and gamesmanship by the Biden White House. Yet, there was still hope within the White House that the case would go before a more favorable court to be completely adjudicated.
Those hopes were removed yesterday evening after the court was selected at random. The conservative 6th Circuit Court of Appeals who will now hear the mandate case.
A GOP-dominated court has been picked at random to consider the fate of President Biden's mandate that larger employers require workers to be vaccinated. Republican-led states, businesses and conservative groups are challenging the rule. https://t.co/tkNdYlizf6
— The Associated Press (@AP) November 17, 2021
As terrible luck goes, this is not the outright worst outcome for Joe Biden. The case might have ended up in front of the 5th Circuit, where it simply would have gotten swiped down again, but the ruling would have likely been very broad too. With the 6th Circuit, it is getting declined, in my opinion, but it is possible the court could take the whole administrative state down while doing this. That is obviously a shame given how very broad the federal bureaucracy’s power has become.
How the Biden Administration does this going forward will be very interesting. Joe Biden’s handlers had to understand that they were not likely to succeed with their very broad “emergency rule” that was scheduled to go into effect four months after this announcement. Constitutional and scheduling issues heavily hurt their case. But how much do they want to force this?
I ask this question because if this does reach the Supreme Court, things might get much worse for the White House. The conservatives on the country’s highest court have already shown skepticism of the administrative state’s power structure. Do Joe Biden and his cohorts wish to push a losing fight up to a point where it could cost them a lot more than simply an OSHA regulation?
Of course, what they want to do and what they will do are usually two different things given how much influence the Biden Administration’s far-left base has.
This OSHA rule was always a long shot, and I believe the White House knew that when they set out to push this agenda. Much like the eviction moratorium which was also struck down, it was their signal to the left flank that they will fight while hoping the courts would save them from themselves.
Author: Steven Sinclaire