It was only Thursday when Joe Biden’s OSHA finalized the new rules demanding that all private-sector employers with more than 100 workers force them to either be vaccinated or submit to weekly COVID testing or face dismissal. Numerous state governments and even some employers were grousing about this immediately and it seemed clear that legal action was imminent. The main sticking point was whether or not the federal government has the power to impose such a sweeping mandate even if the states object. Well, to once again invoke one of my favorite phrases… that didn’t take long. As of this afternoon, the United States Court of Appeals for the Fifth Circuit has blocked the mandate and will hear further arguments on the subject presently. (NY Post)

A federal appeals court has blocked the Biden administration’s latest COVID-19 vaccination mandate, giving the government until Monday afternoon to submit a response.

An emergency stay, issued Saturday from the United States Court of Appeals for the Fifth Circuit, prevents the White House from requiring all full and part-time workers at private-sector companies with 100 or more employees to be vaccinated or get tested weekly.

In its decision, the court cited “grave statutory and constitutional” concerns about the government’s mandate, which is scheduled to take effect on January 4.

The Biden administration has until Monday to respond to the injunction. But when the appeals court is citing “grave constitutional concerns” over your order and issues an injunction that quickly, you’re going to need to do some seriously professional-level tap dancing in front of the judge to obtain a rapid reversal.

We’re currently operating under a Supreme Court that has consistently shown deference to the power of the states over the federal government. Based on previous rulings, if anyone challenges a state government vaccine mandate, I would expect them to face some stiff headwinds at the Supreme Court if the challenge even made it that far. But the White House doesn’t enjoy such sweeping authoritarian power and this court may well refuse to tolerate it.

Even if the Fifth Circuit were to reverse course and give Biden a thumbs up, this case would obviously be headed for SCOTUS in short order, likely before Thanksgiving. By setting the date for the mandate to take effect at January 4th, the White House has given all of those opposed to this draconian order and the potential disruption of tens of thousands (or millions) of jobs across the country all of the time they need to make use of their recource to the courts.

This isn’t over, folks. Not by a long shot. This is only the end of the beginning. Buckle up and get ready because Biden hasn’t won this fight yet.