Biden's pandemic declaration will carry legal consequences

There were a couple of eye-raising moments this weekend during an interview of President Joe Biden and CBS’ “60 Minutes.” One was his continued blanket denial that his son Hunter had done anything that had any impact on him or the country. However, it was the President sudden announcement that the pandemic “is over” that may have taken some people by surprise, including Administration lawyers still using the pandemic as a basis for policies and programs. This includes a major appellate case this week.

The Administration relied on the pandemic to justify the massive loan forgiveness program at a cost of as much as $1 trillion. The move will be the subject of challenges and defended under the HEROES Act of 2003 as tied to a national emergency, ”when significant actions with potentially far-reaching consequences are often required.” …

One such example could be the appeal now being considered by the United States Court of Appeals for the Fifth Circuit. The issue of the sweeping pandemic authority being claimed by the Biden Administration is now going before the full court in an en banc rehearing.

U.S. District Judge Jeffrey Brown previously issued a nationwide injunction against the vaccination mandate in January. That was stayed and has resulted in a series of conflicted moves on appeal.