Is The “Workaround” Working? Fourth Court Enjoins Biden Vaccine Mandate

A U.S. district court in Georgia became the fourth court to enjoin a Biden Administration vaccine mandate this week.  As with the other trial and appellate courts, District Judge R. Stan Baker found that President Biden has exceeded his authority in mandating the vaccine for all federal contractors. In the meantime, outgoing New York Mayor Bill DeBlasio has ordered all private workers to be vaccinated. All of these mandates are on course for a showdown in the Supreme Court where three justices have already expressed skepticism over the mandates. 

Biden issued an executive order on Sept. 9 that required contractors to ensure that their workers are vaccinated against Covid and enforcing mask and social distancing policies. Contractors were given until Dec. 8 to comply but that was later extended to Jan. 4.

The U.S. District Court for the Southern District of Georgia granted a preliminary injunction in favor of the Associated Builders and Contractors, a national trade group that represents the construction industry. To do so, the court had to find that the challengers were likely to prevail on the merits in arguing that President Biden does not have this authority under the Procurement Act.

Judge Baker wrote “In its practical application, it operates as a regulation of public health. It will also have a major impact on the economy at large, as it limits contractors’ and members of the workforce’s ability to perform work on federal contracts. Accordingly, it appears to have vast economic and political significance.” 

White House press secretary Jen Psaki insisted that the Biden Administration is “confident in our ability legally to make these happen across the country.” While the Administration could certainly prevail on appeal, the confidence remains an exercise of hope over experience in such litigation.

Other courts have enjoined mandates under OSHA and Medicare. In the OSHA case, the United States Court of Appeals for the Fifth Circuit ruled based on its own “serious constitutional concerns.”  

In the prior column, I noted Chief of Staff Ron 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 quoted Klain in a footnote in granting its injunction.

Biden and Klain often 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 on the now defunct eviction moratorium. Klain was 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 federal litigation raises separate issues from those likely to be raised against de Blasio’s mandate. New York will rely entirely on Jacobson v. Massachusetts (1905), where the Supreme Court upheld a state smallpox vaccination mandate. The case has already been used successfully in other courts like the Seventh Circuit, including decisions from conservative jurists. See Klaassen v. Trustees of Indiana Univ., No. 21-2326, 2021 WL 3281209 (7th Cir. Aug. 2, 2021) (“Given Jacobson v. Massachusetts…there can’t be a constitutional problem with vaccination against SARS-CoV-2 [aka COVID-19]”). They have applied the low “rational basis” standard to uphold such mandates in light of Jacobson. 

Jacobson is not a lead pipe cinch of precedent. It involved smallpox, a disease with a much higher lethality of up to 30% of those infected. The disease also hit children to a far greater extent than Covid. It also involved a vaccine that was used for years and was universally accepted as safe. The case also involved only a $5 fine as opposed to being barred from employment, dining, travel and other basic functions in life.

On October 29, 2021, three Supreme Court justices dissented in a case where they felt review should have been granted. Justices Gorsuch, Thomas, and Alito raised questions over whether past deference on the pandemic is warranted and warned that the “compelling interest” recognized in such past cases “cannot qualify as such forever.”

Many of us support vaccinations. The question is the legal authority to require others to be vaccinated. Jacobson is likely to carry considerable weight in the review of state and city mandates.

However, the question is whether courts will demand more from the government in addressing issues of religious exemptions and natural antibodies. Studies indicate that such natural antibodies confer greater protection than vaccines though most doctors still encourage vaccinations. Over the last year, courts have remained highly deferential. However, the three justices previously noted that “if human nature and history teach us anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.”


261 thoughts on “Is The “Workaround” Working? Fourth Court Enjoins Biden Vaccine Mandate”

  1. I am not anti-vax. I received both Pfizer shots earlier this year, but not the booster. My wife has had the same 2 shots, and wants the booster. She has cancer. My 13 year old son has not had the vaccine. None of us have had Covid. After listening to this podcast, I will not get the booster, and I will do everything in my power to prevent my son from getting the vaccine. This is not a political decision. This podcast shines a bright light on the science of early treatment, vaccines, VAIRS, studies, publishing and the silencing of dissent. This was sent to me by my daughter, who is a nurse.

    Covid: The Path not Taken – DarkHorse Podcast with Dr. Peter McCullough

    1. Thanks Olly,

      I saved the link & likely watch it tonight.

      I found Dr McCullough to be very creditable.

      Somewhere I’ve been seeing reports these mRNA shots are also Causing Cancers & past Cancers to fire back up.

      I’m still interested in that as my wife, knock on wood, still has her past cancer in remission. Everyone just has try to make the best decisions they can at the time.

      If I find the mRNA+cancer info I’ve pasted to my files I’ll re-post it here.

      1. I pray your you and your wife get the information you need to make the best decisions. This podcast is not political, but it certainly calls into question why certain policies are being made and what “stakeholders” are influencing them.

        1. Always the best for you & your wife & family.

          Some of this life & death personal stuff is more then a bit rough.

          People need to get it into their heads: We are the “Stakeholders” not those damned billionaire & corporate nut jobs.

          They keep it up I think their own security will take care of them as their families deal with the same life & death issues we all do.

          Gallows humor, those idiots like Victoria “Nut Job” Nuland/ lawyers/politicians/ & their globalist billionaire ahole masters may just be stupid enough to pull the trigger on starting a global Nuke War using Ukraine as an excuse & thus take out the population on the entire planet. Then ….. lol

  2. Trying to describe a Democrat in everyday terms I thought of a Gopher. Gophers you see; undermine the surface while mounding the spoils above ground.

  3. Something else that is important to understand – to the young, pampered, and indoctrinated: it is impossible for them to understand that a liberal like the Professor is quite simply what liberals used to look like. I aim that at the older voters that still think they are voting for JFK and sending money to alma maters that stand for truth and enlightenment (you aren’t) and that their kids are ‘fine’ (they are not, all the ay up to about 35 years of age at this point).

    1. James,
      HBOs Real Time with Bill Maher has said similar things over the past, what, 6 months.

      We have a liberal friend, and he says The Left (not liberals) have gone so far Left, they make him look middle of the road.

      1. His extreme TDS really turned me off, so I tuned him out, but yes, Maher sees pretty clearly a lot of the time IMHO. I used to enjoy his shows at one time, especially Politically Incorrect.

  4. Again, we have a PANDEMIC. And the facts right now show that the reddest Trump counties and States have some of the highest rates of infection in the country. Why should the whole nation pay such a high price because some people can’t get it thru their heads that we have a PANDEMIC.

    1. Look around at the stats, all of them are showing the more of the big Pharma Death Jab/Clot Shots given the more that area has increases in out breaks. It show up around the world.:

      UN Graph Shows Vaccinated Dying En Masse



      Sep 14, 2021
      The Alex Jones Show
      The Alex Jones Show

      Alex Jones breaks down the graphs from around the world proving the vaccinated are the ones dying en masse.

    2. In a state with perhaps the greatest number of senior that are at the greatest risk of Covid death Florida without a mask mandate, closed businesses, and other mandates today has the lowest or near the lowest rate of Covid patients. That includes Covid beds in the hospital and deaths.

      That makes what FishWings says seem a bit dumb.

        1. Yes, Anonymous the Stupid, but only because California’s population is almost twice Florida’s. The % seniors in California is 14%. In Florida, it is over 20%.

          Keep your anonymous alias. You don’t want anyone to know who you are. It’s tough to respond on a blog where people are expected to have a reasonable amount of intelligence.

          In any event, with the highest % of elderly, which are the ones that mostly die from Covid, Florida has no mask mandates, closed business mandates, or other mandates. Florida has done reasonably well compared to other states, especially when one notes the number of high-risk seniors in Florida.

          That should tell people something, but if they are Stupid, they won’t learn. The number of deaths based on Worldometers 7 day rolling average is 2.

          Don’t you feel dumb, FishWings? You too, ATS.

    3. Because, Republicans, who are aided and abetted by lying alt-right media, want Biden to fail to try to regain power. They are politicians first and Americans second or third. Republicans know that the economy is the main issue worrying Americans, and that until COVID is brought under control, the economy cannot fully recover, and that we could back-slide. Republicans are busily trying to figure out how to cheat to get back control of Congress, so they’re madly gerrymandering and passing laws to make it harder for probable-Democrats to vote, and to be able to change votes, which is what Trump tried to do with Brad Raffensberger in Georgia or to toss out a slate of electors in favor of others who will give the election to a Republican, even if the Republican lost. So, alt-right media keeps coming up with conspiracy theories about vaccines being experimental, dangerous, more deadly than the disease, Fauci is just like Dr. Mengele, and other nonsense which, sadly, the disciples believe, just like they believe that Trump’s “landslide victory” was stolen from him. Facts don’t faze them.

  5. Something that’s important to understand: we all defend the rule of law and our founding principles. To the young and indoctrinated, without any context for experience, that means nothing. at some point we are going to have to accept that entire generations have been quite simply brain washed. Those of us over 40 do not get to retire, we will be carrying the weight of all of this until the end, and we’d better be prepared to do that, because these young people simply do not understand. Having grown up in such peaceful and prosperous times as they have, and having been sheltered from quite literally everything, we are kinda on our own. If you want us to bette, then start raising your kids better. We are a couple of generations away from losing everything, and it is due to simple ignorance. How tragic is that?

  6. Nuclear weapons should be the first resort, not the last resort. It makes no sense to send thousands of soldiers into the meat grinder of battle as the first resort.
    Nuclear weapons used from the get-go could prevent that from needing to happen in the first place.

    1. So pushing the nuclear button first, is your answer? What kind of monster would even think of a thing like that?

  7. There were news reports of a small study of the Experimental mRNA Gene Therapies that after the the human “Guinea Pig test subjects ” were given the Dr Fauci Death Jab that over 80% of the pregnant women had miscarriages & spontaneous abortions.


    Part of the trouble I keep running into is the even using DuckDuckGo for searches that only the Approved Gov/Big Pharma ( like CDC, etc.) info comes up at the top results. AKA They are Book Burners!

    1. Take a biology class, mRNA is NOT Gene Therapy. You don’t know what the hell you’re talking about! Genes are not altered in any way!

      1. Great,

        I’ve been wanting someone like you to gather the last 40-50 years of research into these latest Failed mRNA Gene Therapies & outline it.

        Maybe you can speak with Dr Melone, & that head Pfizer dude that resigned over that Deadly crap.

        In the meantime you too can go take the 4th Booster Jab of the last 10-11 months cause they work so great! LOL;)

  8. “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” …”

    You’re lying. Klain did not make any comment saying that it was a “work-around,” Klain did not “acknowledge” that it’s a work-around, and the 5th Circuit did not cite a comment from Klain.

    Klain retweeted a comment made by Stephanie Ruhle in which she claimed it’s a “work-around,” and the 5th Circuit said “White House Chief of Staff Ron Klain retweeted MSNBC anchor Stephanie Ruhle’s tweet.”

    Your choice to lie is a bad model for your students. Your Dean should really talk with you about the importance of not lying.

    1. Anonymous

      You really are a petulant manchild.

      You have age and education, but lack the requisite maturity to appear in public.

      I have previously called you “ugly”; you reinforce that judgment.

    2. Anonymous: Your mischaracterization of what Turley said is truly low, if not laughable. It tells me that you are not an attorney who knows what he/she is talking about. Why don’t you offer a substantive re-wording of what you believe Klain meant by his retweet and previous comments supporting the “work-around?” This blog space, provided by the good professor, invites intelligent debate, not personal attacks on the provider. Shame on you.

    3. Anonymous the Stupid is a piece of work. Listen to what he says about Professor Turley: “Your choice to lie is a bad model for your students. Your Dean should really talk with you about the importance of not lying.”

      Klain retweeted the “work around” Tweet. That by itself is a confirmation of what the Tweet was saying. ATS is a liar, so often he tries to accuse others of the same when it isn’t true. ATS is confirming his miserable and destructive life.

  9. If businesses are people, and people are the government, then businesses are the government, subject to First Amendment restrictions.

  10. VAERS shows a marked increase in miscarriages upon receiving the Covid shot. It’s higher than the other recommended vaccines. Yet the vaccine is not only recommended for pregnant women, but mandated. I have read many stories where pregnant women were fired because their employer would not, or could not, defer their mandate until after they gave birth.

    The Covid vaccine was not tested on pregnant women in clinical trials. It should not be recommended for pregnant women. Even the CDC admits that data on pregnant women is limited. The small amount of data it does have is because these vaccines were mandated for everyone, and pregnant women were forced to get it.

    VAERS is just an adverse event reporting system. It does not calculate how many pregnant women go the vaccine, and it does not automatically indicate causality. This is a new vaccine. There would need to be studies to determine if there is a causal relationship between the Covid vaccine and miscarriage or birth defects, broken down by gestational age at vaccination. Yet pregnant women are ordered to get this vaccine, or be impoverished through job loss.

    That is unethical.

    My heart rate went into tachycardia following my 2nd Covid vaccine. 2 days of a racing heart, combined with extreme lethargy and fatigue. Yet Joe Biden has demanded that developing fetuses be subjected to the risk of this side effect?

    Our government mandated the Covid vaccine, through OSHA, and then after the fact is collected adverse event data thorough safety monitoring systems.

    Hey, you pregnant lady, carrying the child you’ve wanted for years. Go take this vaccine with a high rate of known side effects, and register with the v-safe Covid-19 Vaccine Pregnancy Registry. If you miscarry, or your baby is born with any side effects, let the app know. For science. And if you won’t do as you’re told, you’ll be fired, and impoverished.

    1. Karen,

      If abortion is a Woman’s choice per the Left….it makes sense (in a very “left handed” way) that the Covid Vaccine should be mandatory for pregnant Women…..after all the Left is about terminating pregnancies.

      What is interesting is the direct contradictory positions re it being a Woman’s choice when it comes to mandatory vaccinations despite the apparent harm that can occur.

      The Left gets all up in Arms when the government attempts to dictate to Woman about Abortion but says nothing in this situation of forced vaccination.

      The Left sure likes having double standards when it fits their agenda.

      1. Since most Americans support abortion rights, then most Americans are part of “the Left” according to you. The “Left” isn’t about terminating pregnancies–it is about recognizing the right to individual privacy in reproductive decisions. There is no evidence of “apparent harm” to vaccination for pregnant women, but there is plenty of evidence of obvious harm if a pregnant woman contracts COVID.

      1. That is true, but one can compare two sets of VAERS data to get an imprecise idea of what is going on. Presently we don’t have effective data because the ‘leftards’ have corrupted the data.

        1. It’s amazing how believable VAERS data is when looking up flu and other traditional vaccine’s negative effects, yet we’re not to believe our lying eyes at any VAERS entry regarding CoVid? When VAERS is the only resource to compare REPORTED vaccine problems, why wouldn’t one believe VINO (vaccines in name only) aren’t as safe as the drug company’s claims?

    2. Pregnant women who contract COVID have a very high rate of serious complications, including death. When you went to medical school, didn’t they explain to you how pregnancy affects a woman’s immune system inasmuch as she has a growing object in her body (the baby) that has foreign proteins? Have you ever heard of erythroblastosis fetalis, in which an Rh negative mother’s body makes antibodies that attack an Rh positive fetus, and which can result in fetal death? Didn’t they cover this when you went to medical school? Oh, that’s right. You aren’t a doctor–you just like to play one on blogs. When the CDC or FDA recommends vaccination for pregnant women, it is because the panel of scientists decided that the benefits outweigh the risks. The vaccines are not known to cause fetal abnormalities, but if they did, then so would COVID itself. You aren’t qualified to have an opinion that contradicts qualfied scientists. And, please stop blaming Joe Biden for decisions and recommendations of the FDA and CDC. Those recommendations come from panels of independent scientists. As an alt-right disciple, you’ve been conditioned to attack Joe Biden for everything you think is bad and to disbelieve science. Those who are coming down with serious cases of COVID that require intensive care and mechanical ventilation are overwhelmingly those who refuse vaccination, and there are many case reports of pregnant women dying of COVID in which an emergency C-section is performed to try to save the baby and who never survived to see their babies. And, there isn’t a “high rate of known side-effects” that are serious enough to refuse vaccination for a pregnant woman. The “side-effects” of COVID are far worse.

  11. “Let’s Respond to Corruption with Honesty, to Lies with Truth, to Self-Interest with Generous Dedication to Public Affairs” – Archbishop Vigano’s Latest Defense of Individual Rights in Response to New World Order
    By Joe Hoft
    Published December 6, 2021 at 9:00am

  12. The Zoom meeting between Biden and Putin would have been very awkward if Jeffrey Toobin was in on it.

    1. It would have been relevant if ‘Tubing’ Toobin were in the Zoom meeting between Biden and Putin.

      At least there would have been one meaningful conclusion.

    1. Indeed, and sadly, the lion is demonstrating just how toothless he really is. Not sending a representative to the Olympics? ZING! Look at China shaking in their collectivist’s boots!

  13. Heavens Gate’er mRNA Cult Member that was pushing the Death Jab assumes a new position, horizontal.

    I guess he didn’t read the insert? LOL


    U.S. News
    Neocon WashPo Editor Who Trashed Anti-Vaxxers Dies Of ‘Sudden Cardiac Arrest’
    by Chris Menahan | Information Liberation
    December 7th 2021, 3:55 am

    Then on the other hand:


    “Thank You, Dr. Joe Rogan! – Everybody Feels Like a Million Bucks!” – Fully Vaccinated Dana White Catches COVID – Takes Joe Rogan Ivermectin Treatment Plan and Is Feeling Great
    By Jim Hoft
    Published December 4, 2021 at 12:10pm
    Gab Share
    Clouthub Share

    Fully vaccinated UFC President Dana White caught the coronavirus during Thanksgiving break. He told TMZ Sports that he took the Joe Rogan coronavirus treatment plan is feeling great. White told TMZ, “Thank you, Dr. Joe Rogan!… Everybody feels like a million bucks.”

  14. “confident in our ability legally to make these happen across the country.” (Psaki)

    Tyrants hold citizens in thrall by playing games with language. They arbitrarily redefine words, e.g., “terrorist.” They intentionally leave key words undefined, e.g., “domestic threat.” And then this game, as played by Psaki: Don’t name the issue. Leave it vague and woozy.

    What, exactly, is the “these?” What are the referents of “these?” They are: State-mandated vaccinations (whether federal or state), i.e., government forcing an individual to undergo a medical procedure. (The so-called alternative, a test, is also a coercive medical procedure.)

    Why is the administration afraid of naming the issue (the “these”)? For the very same reason that a con man doesn’t reveal his actual motives. If you knew them, you might not passively obey.

    1. And they move the goal posts on the reasons we should all submit to the vax. First it was to keep from getting the virus–only a small percentage of breakthrough cases was predicted. Then it was to keep OTHERS from getting the virus. The latest narrative is to keep from overwhelming the hospitals with severe cases. The vax will set you free, they say.

      1. Suze: Good addition to the tyrant’s tactics. When an assertion conflicts with reality, they simply drop it — and float a new (arbitrary) assertion. Hoping, of course, that people don’t have a memory or a sense for consistency.

    1. I’ve been saying that for nearly a year…Key dates in Germany in 1933–January 30, February 27, February 28, March 22, MARCH 24, April 1, May 10, and finally July 14 when all parties but one were outlawed.

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