Fifth Circuit Court of Appeals Rules That Biden's Assertion of Power to Order Federal Contractors To Get Vaccinated is Unconstitutional

It's astonishing the level of tyranny Biden has imposed on the nation in the name of "Restoring Democracy."

And all of the NeverTrumpers support this tyranny. Because they were never supporters of "democracy." They are supporters only of the Regime's right to rule. Any challenge to this unelected group of plutocrats plus puffed-up managerial-class midwit narcissists is a "threat to democracy," in the eyes of NeverTrump, because they're puffed-up managerial-class midwit narcissists themselves.

U.S. appeals court on Monday said the White House could not require federal contractors to ensure that their workers are vaccinated against COVID-19 as a condition of government contracts.

The U.S. government has contracts with thousands of companies, and courts have said the issue could affect up to 20% of U.S. workers.

A panel of the 5th Circuit Court of Appeals voted 2-1 to uphold a lower court decision that blocked President Joe Biden's September 2021 contractor vaccine executive order in those states after Louisiana, Indiana, and Mississippi brought suit to seek invalidation of the mandate.

The court said Biden wanted it "to ratify an exercise of proprietary authority that would permit him to unilaterally impose a healthcare decision on one-fifth of all employees in the United States. We decline to do so."

The majority opinion written by Judge Kurt Engelhardt said a broad interpretation of the law could give Biden "nearly unlimited authority to introduce requirements into federal contracts."

Biden's lawyers at the Justice Department argued that the president's power is essentially only checked by how massively he hurts the economy -- if a presidential order causes such deep economic misery as to force Congress to rebuke him, only then has he gone too far.

No, really.

And a leftwing judge agreed with this "analysis."

The Justice Department defended the mandate in a court filing, saying Biden's order was justified under the Procurement Act.

Judge James Graves' dissent noted this was the first executive order under the Procurement Act to be struck down.

"When actions taken are in the mainstream of American businesses, that points towards permitting the executive order," he wrote. "Economic factors would prevent the president from handicapping the contractor workforce with extreme contractual terms."

Graves disputed the BMI comparison, saying if a president sought to impose "draconian measures outside the mainstream of American companies, he or she would hear from the people or from Congress."

You are hearing from Congress. Congress disputes your ability to impose this mandate. Certainly they have refused to grant Biden this power.

Remember, Biden's doing all of this to Restore Democracy, and NeverTrump is proud to assist him in all of this Democracy Restoration.

Oh, and if it just so happens that they regain their unconstitutional power to exercise outsized control over US policy by dint of Having Gone to a Good College (oh wowsers, what a huge credential!!!), then they'll take that unexpected benefit.

But this isn't about them, their power, or their wounded egos.

This is about Restoring Democracy.

And Restoring the Right People to be In Charge of Democracy, or at least "Democracy," properly understood, properly defined and confined.

Charlie "3-Wives" Sykes and Bill "3-Bills" Kristol

They're going to be important again, damnit, and people are going to LISTEN to them again, even if it means destroying the country to make them listen.

posted by Ace at 02:05 PM

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