The 5th Circuit took Joe Biden to the woodshed on his “workaround” of using an OSHA rule to impose a vaccine mandate on private businesses with 100 or more employees in their ruling upholding their stay against the imposition of the rule.
In so doing, among the things the 5th Circuit looked at was the intent behind what the Biden Administration did. They noted Biden was against a federal mandate before he was for it, and that they had hardly been treating the need for a mandate like the “emergency” they claimed – not planning on actually imposing it until almost two years after the virus started to hit in the U.S. The Court basically called it an excuse to impose the vaccine on more people. The Court even pointed to the Ron Klain retweet of MSNBC's Stephanie Ruhle calling it the “ultimate workaround” as an indication of the Biden team's intent.
Now some predicted that back on September 10, that the courts were likely not to miss Ron Klain's tweet, and could look at that when considering the intent of the Biden Administration, including this site and Sen. Ted Cruz (R-TX).
Here's what I wrote at the time:
Sen. Ted Cruz (R-TX) saw that retweet and then pointed out how this shows intent which would likely be considered in the upcoming legal battle over this mandate by federal courts, that Klain had just stepped in it, big time. “Important,” Cruz tweeted. “Foolish RT from WH chief of staff. He said the quiet part out loud. Biden admin knows it's likely illegal (like the eviction moratorium) but they don't care.”
Cruz noted today that he called what was going to happen, retweeting his spokesperson's tweet about saying it last year.
Sen. Ted Cruz in September, 5th Circuit in November: pic.twitter.com/8YhuP0QBWo
— Steve Guest (@SteveGuest) November 13, 2021
Cruz also dispensed with Dan Rather's effort to spin the smackdown that the 5th Circuit gave to Joe Biden.
Hey. Let me fix that headline for you.
“Federal appeals court upholds the rule of law. Leftist news anchor who was fired for chronic lying laments that the Constitution remains in force.” https://t.co/wYEuWXLAf4
— Ted Cruz (@tedcruz) November 13, 2021
It says a lot about how incompetent the Biden Administration is that Ron Klain didn't understand the possible consequences of his retweet. But more problematic was that they didn't care anyway.
The point that Cruz made back in September is an important one to remember. The Biden Administration knew that the eviction moratorium was likely illegal but Biden himself acknowledged they were simply doing it to buy more time and they didn't care about disregarding the law. They know it was wrong to do the vaccine mandate this way — they acknowledged it was the ‘ultimate workaround.” Previously Biden even said they would not do it, and the White House said was “not the role of the federal government.”
As we noted earlier, even after the 5th Circuit's initial decision to grant the stay last week, in which the Court said there were “grave statutory and constitutional issues,” the Biden administration still said they were advising businesses to go ahead with the mandate, disregarding the clear indication from the Court. With that move, the Biden Administration revealed the point was to stampede the businesses into doing what they wanted, regardless of the law or the facts. They didn't care if that left the businesses hanging out on a limb with the consequences of ordering their employees to get vaccinated, or if that hurt their businesses or cost them employees. That harm means nothing to the Biden Administration. It's all about pursuing Biden's goal.
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