We think the Biden vaccine mandate is clearly unconstitutional (this is a public health and safety decision that belongs to the states, not the feds).
Kudos to Senate Republicans on a remarkable show of unity: all 50 are cosponsors of Senator Mike Braun’s Congressional Review Act resolution to overturn the OSHA order. It only takes 30 to force a floor vote and 51 to pass, so this vote will take place and if even one Democrat does the right thing, it will be dropped in Nancy Pelosi’s lap.
On the legal front, it was good news that Sixth Circuit Court of Appeals in Cincinnati, Ohio will hear the consolidated case on the OSHA vax mandates. This is a right-leaning court with several notable conservative legal stars like Judges Raymond Kethledge, Joan Larsen, Amul Thapar, and Chief Judge Jeffrey Sutton.
Also, on the CMS order for health workers, Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, and West Virginia filed for an injunction against the CMS vax mandate in district court Monday in the Western District of Louisiana. Their argument:
Finally, the Senate may soon take up the draconian vax mandate for federal contractors and subcontractors. That order has no testing alternative, and applies even to people who work 100% remotely. The Lankford-Daines NDAA Amendment #4097 would overturn those executive orders. If it gets a vote, we will report back to tell you how many Senate Dems vote for the mandate – which is more unpopular with every passing day.