I recently wrote a column on the legal challenges to President Joe Biden’s vaccine mandate issued through OSHA. Not only is the use of OSHA regulations unprecedented for imposing a national vaccine mandate, I noted that Chief of Staff Ron Klain went to Twitter to herald the use of OSHA as a “work around” the constitutional limitations placed on President Biden. I asked how a court would respond to such an admission. We have to wonder no more. Late Friday, the United States Court of Appeals for the Fifth Circuit cited Klain’s comment in its decision enjoining the mandate.
In the prior column, I noted Klain acknowledged that the use of OSHA was a “work around” in light of the constitutional barriers preventing President Biden from ordering a national mandate directly. The Fifth Circuit also picked up on that glaring admission in footnote 13:
On September 9, 2021, White House Chief of Staff Ron Klain retweeted MSNBC anchor Stephanie Ruhle’s tweet that stated, “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”
I previously wrote:
Many of us often criticized former President Trump for undermining Justice Department lawyers with damaging comments later cited by courts when ruling against his administration. Now Biden and Klain seem to be competing for the greatest admissions-against-interest, including a prior admission from President Biden that they would be pursuing a presumptively unconstitutional measure simply to buy more time to spend more money. Klain is celebrating a way to evade constitutional limitations — but for courts reviewing the OSHA rule, that is akin to a husband telling a spouse that he has found a “work-around” to his vows by redefining extramarital relations.
The media covered Trump’s ill-advised tweets with great detail and indignation, particularly when those tweets were cited by lower courts. He was mocked for undermining his own case in court. To its credit, the Fifth Circuit did not give the Klain tweet the weight that the Ninth Circuit gave Trump’s tweets in its rulings against his immigration orders. I was critical of how those tweets were used by the Ninth Circuit and those decisions, as predicted, were ultimately reversed.
Yet, the media is virtually silent on this and other cases where Biden and his staff have directly contradicted or undermined the position of the Administration.
That was the case when Biden called for the Centers for Disease Control and Prevention (CDC) to impose a nationwide moratorium on the eviction of renters. Biden admitted that his White House counsel and their preferred legal experts told him that the move was likely unconstitutional. Despite that overwhelming opinion, he listened to Professor Laurence Tribe at the urging of Pelosi. Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts. Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments.
Additionally, Biden has shown a reckless disregard for the legal process in publicly proclaiming the guilt of defendants before charges or trials. In the case of Kyle Rittenhouse, Biden came out within days to paint him as a “white supremacist.” On the controversy over the mounted border agents shown stopping migrants in Texas, Biden declared them guilty before any investigation and called for their punishment.
The Fifth Circuit decision could now lead to a showdown in the Supreme Court where Klain’s tweet could be again highlighted. This is a challenge that alleges that the OSHA rule was a thinly disguised attempt to circumvent the Constitution. Klain then rushed to remove even that thin veneer by heralding the “work around” of the constitutional limitations. It is an “admission against interest” that is likely to be repeated in litigation in a variety of cases.
Here is the opinion: BST Holdings v. OSHA
“You can’t handle the truth!”
– Colonel Jessup
_____________
Article 1, Section 8, enumerates the power of Congress to regulate ONLY the value of money, the interchange or exchange of commerce among the several States, and land and naval Forces.
The only “emergency power” provided by the Constitution to Congress is suspension of habeas corpus in a condition of rebellion or invasion, neither of which is extant.
Congress has no power to regulate “labor” or “occupational safety and health.”
The Department of Labor and the Occupational Safety and Health Administration (OSHA) and fraudulent constitutional “work arounds” are invalid, illegitimate and unconstitutional; they are not the burden of the American taxpayer.
Regulation of industry must be accomplished by industry in the private sector and in courts of civil litigation.
The Constitution provides maximal freedom to individuals while severely limiting and restricting government.
To be nearly completely and totally free and bereft of regulation is a significant component of the constitutional maximal freedom of Americans.
This is not that difficult. No citizen of this country should ever defend an administration policy that is explicitly taken to “work around” the limits of the constitution. Period! You might agree with the policy for any number of reasons. But the constitution exists to limit laws and policies from abusing the rights of our citizens. It doesn’t limit by political party. If you find yourself defending any policy from any party that exceeds the limits of the constitution, then you’re not functioning as a civically-literate citizen; you’re ignorantly performing as an enabler of government abuse of power.
Hmm, a “work around” to the founding document of the United States. An undermining of the constitution of our nation. An apt description of these actions would be a soft coup. Another apt description would be an insurrection. Saul Alinski said: “True revolutionaries do not flaunt their radicalism. The cut their hair, put on suits and infiltrate the system from within.” Hillary Clinton’s college thesis was on the writings of Saul Alinski. https://www.google.com/search?client=safari&sxsrf=AOaemvIuX-4vFoBmBQRH2C2IG3ZSshaIpw:1636827205939&q=hillary+clinton%27s+thesis&spell=1&sa=X&ved=2ahUKEwiwjazB-JX0AhVvkmoFHUp6AIAQBSgAegQIARAx&biw=1194&bih=722&dpr=2. Saul Alinski’s writings are the playbook for a total control of the nation. The rioters on Jan. 6 did not cut their hair and put on suits. The true revolutionaries have cut their hair, put on suits and have seen to it through the use of a fake Dossier that their comrade in arms has been elected as a President of The United States of America. The first act to counter this revolution is to recognize it for what it is.
“Yet, the media is virtually silent on this and other cases where Biden and his staff have directly contradicted or undermined the position of the Administration.”
“That was the case when Biden called for the Centers for Disease Control and Prevention (CDC) to impose a nationwide moratorium on the eviction of renters.”
“Additionally, Biden has shown a reckless disregard for the legal process in publicly proclaiming the guilt of defendants before charges or trials. In the case of Kyle Rittenhouse, Biden came out within days to paint him as a “white supremacist.””
“On the controversy over the mounted border agents shown stopping migrants in Texas, Biden declared them guilty before any investigation and called for their punishment.”
In wokespeak, all is fair, necessary and even commendable when fighting fascists. And so what if the goal posts (i.e. “rules”) keep getting changed?
And besides with the vaccine mandates, what better way to drive from public life and destroy those you despise?
Just waiting for the first s@@tlib to call JT a “fascist”.
I want a divorce! Let the woke crowd create their so-called paradise on earth.
antonio
hmmmm……It appears that Stephanie’s LL.B from Whatsamatta U. School of Law isn’t working out too well.
White House Biden Lose Again Keep Losing
It becomes a very slippery slope when people accept that the Federal Govt has the ability or right to require/mandate that the population or a sub-set thereof adhere to a medical procedure that the government supports.
I respect JT for trying to remain neutral, but his humoring of liberals by continuing to pretend that covid is real is getting old. Is is time that we all call out the covid hoax for what it is.
Stop with the “covid is a hoax” bs. but that does not mean that the Democrats aren’t using the virus to satisfy their inner fascism in trying to control every aspect of our lives, or that they didn’t use it to hide Biden for the campaign as well as jamming mail in ballots down our throats.
But the virus is not a hoax and to say it is just makes you look stupid and weakens any argument you may have against mandates.
A Three Judge Panel of the Fifth District Federal Appeals Court left place the lower Court’s Stay on the Biden Administration OSHA Vaccine Mandate on Friday.
In part they said the following:
“The circuit court panel further wrote:
The Mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly ‘grave danger’ the Mandate purports to address.
The case is BST Holdings v. OSHA, No. 21-60845 in the U.S. Court of Appeals for the Fifth Circuit.”
I say….God Bless Texas!
“Yet, the media is virtually silent on this and other cases where Biden and his staff have directly contradicted or undermined the position of the Administration. No! Say it ain’t so. What a shocker. The liberal media is too busy picking out the rope to hang Rittenhouse. They don’t let sensationalism get in the the way of objective reporting.
What happens when Rittenhouse walks free?
Probably rioting and mayhem.
And unfortunately that may influence the verdict.
Ah yes….the Constitution…and the new Supreme Court with a majority of Justices who look to that wonderful document when considering Cases!
The Lawless in Government so hate that document that was written by some very intelligent Men who understood Human Nature and those who zealously crave power.
They fought a War against the World’s strongest Army and Navy….and won….and were bound to prevent such a tyrannical government from ever existing in this great Nation.
It would seem that overtime the carefully understood need to stand guard against such usurpers has diminished.
That is why we see the excesses of this current administration being run by radical progressives and some outright Communists.
Perhaps we seeing a growing recognition of how the Federal Government has gotten too big for its breeches and begin to see some curbing of that wanton display of arrogance by the few that does so much harm to the many.
The 2022 Election is just less than one year away….a lot of folks better get their Resume’s up to date as they are going to need them in their coming job search.
The Democrats made one of the most common mistakes by military commanders…..every now and then a good Leader looks back over his shoulder to confirm the troops are following his lead.
In the current administration whoever is driving this train, and it is for sure not Joe Biden, is heading for a grand train wreck of historic proportions as they have gotten away from the American People’s view of the role of government.
The perfect storm is approaching….and they are going to founder….and that is a very good thing.
I am becoming on board with the notion that Bernie Sanders, as who we know is an avowed, out in the open socialist/communist, is indeed behind much that is happening: green new deal, open borders, federal banks, universal basic income, etc. – he ran on those things both times. Either that or the dems are so frightened of losing relevancy with the young radicals they are happy to kowtow to them (likely with a nudge and a wink, at that). Would explain why Bernie didn’t fight harder during the election, too.
Our modern democratic party is an elitist and totalitarian regime on par with the USSR, period. I hope they continue to self-immolate.
in its fifty-year history, OSHA has issued just ten ETSs. Six were challenged in court; only one survived.
(Jonathan Turley is 100%, Spot on here!! Bravo 🙌 Bravo 👏 Bravo 🙌)
“ Klain is celebrating a way to evade constitutional limitations — but for courts reviewing the OSHA rule, that is akin to a husband telling a spouse that he has found a “work-around” to his vows by redefining extramarital relations.”
We’ve all seen Bill Gates enthusiastically envisioning lots of vaccines for possible future “pandemics” and health emergencies. I have to hope the Supreme Court is going to draw the line and stop forced medical interventions with experimental gene therapies.
This case along with others filed in other circuits will now be consolidated in one of the circuit courts chosen by lottery on Tuesday. Does anyone know what authority the circuit court that wins the lottery has to overturn the 5th circuit’s stay?
Don’t get vaccinated. We I croak and get to heaven you will have been there since 2022 probably. Let me know how it felt like to croak by the virus.
99.8% survivable despite WHO changing cause-of-death registration guidelines to enable doctors and hospitals to label almost any death a Covid death. If 1 nurse in a hospital had a Covid diagnosis, they could list Covid as the cause of death for anyone who died in that hospital.
None of the numbers are reliable.
They really aren’t. The only honest moment throughout all of this was at the very beginning when there was general consensus it should be regarded as any other virus – and it is just a virus, not a super organism – and there was actually open discussion. But then : cue the CDC and democrat grifters (and WHO; they are all global elite, anyway). Very few other countries on earth have made such an appalling, politicized mess of this as our dems have. It’s not just shameful, but legitimately alarming.
The constitution is designed to protect the States, and the People from an all powerful Federal govt.
The constitution is composed of Three Articles. Each Article spells out, enumerates, the power of each branch of the Federal Government.
The Federal government is limited by the Constitution to those enumerated powers.
A situtation that arises, that fall outside of those enumerated powers, are under the power of the States or the People.
Forcing medical treatment on citizens is not a federal power.
“The constitution is composed of Three Articles. Each Article spells out, enumerates, the power of each branch of the Federal Government.
The Federal government is limited by the Constitution to those enumerated powers.”
Great point. Most people think if the Constitution doesn’t say you can’t do it, it means it okay. Wrong. The Federal Government can ONLY do what the Constitution (or interpretation of) says it can do.
That Karma thing. I still have a list of people that it’s missed
Good for the Fifth Circuit.
The Biden administration’s incompetence is only matched by their contempt for the law.
Remember. The historical great Constitutional Law Scholar, Barrack Hussien Obama, apposed the United State Constitution because it was imbued with “negative” rights. Meaning the Federal Govt was limited to only those enumerated powers. The great scholar much preferred the collective wisdom of Ivy league Oracles, rather than the unwashed masses.
And we all know the towering Constitutional intellect, The Notorious RGB, counseled other Nations to Avoid the the US Constitution as a template.