President Joe Biden’s administration, ordered by an appeals court to respond by Monday, wrote its defense of the federal vaccination mandate on private employers with more than 100 employees. In it, he tells businesses in America to continue mandating vaccines on their employees, as though he will win the court challenge that has currently put a suspension on his vaccine mandate.
Here are some of the Biden Administration’s top points:
Biden says the federal government is within its authority to have OSHA issue an emergency temporary standard, which the Biden Administration falsely claims does not take effect until January. In reality, to meet that standard employees must begin their vaccinations two months in advance of the Jan. 4 deadline).
“Petitioners seek emergency relief,but most of their asserted harms are at least a month off, and many of their claimed harms relate to a testing requirement that does not become effective until January 2022. No reason exists to rule on petitioners’ stay motions immediately, before the Judicial Panel on Multi district Litigation even assigns a court to hear the many pending challenges, see 28 U.S.C.§ 2112(a),and certainly no reason to consider a permanent injunction, which would be particularly improper,” the Biden Administration wrote.
“Even if this Court adjudicates the motions, petitioners are not entitled to a stay or any broader order. Petitioners are not likely to succeed on the merits because their arguments are foreclosed by precedent, inconsistent with the statutory text, and contrary to the considerable evidence that OSHA analyzed and discussed when issuing the Standard,” the Biden Administration wrote.
The Biden Administration said the plaintiffs “have not shown that their claimed injuries outweigh the harm of staying a standard that will save thousands of lives and prevent hundreds of thousands of hospitalizations.”
The Fifth Circuit Court of Appeals will next decide whether to reverse its decision to suspend the Biden mandatory vaccination order or to permanently stop it. There are numerous other challenges pending in other legal jurisdictions, something the Fifth Circuit will be sensitive to.
On Monday, the Biden Administration said that private sector employers should continue to order their workers to get vaccinated. “People should not wait,” said White House Deputy Press Secretary Karine Jean-Pierre during a press conference on Monday. “They should continue to move forward and make sure they’re getting their workplace vaccinated.”
Read the Biden response at this link: