The Supreme Court came in today with a decision blocking the Biden administration's OSHA mandate on private businesses with 100 or more employees requiring that employees be vaccinated or tested weekly. The Court ruled they didn't have the unilateral power to impose such a mandate. The Court did, however, allow a vaccine mandate for workers at federally funded health care facilities to take effect nationwide.
Not only did the Court soundly reject Joe Biden in the effort to impose his will on private businesses, Justice Neil Gorsuch also reserved a few words for White House Chief of Staff Ron Klain.
When the Biden team initially announced this idea of the OSHA mandate back in September, MSNBC's Stephanie Ruhle took note suggesting how clever it was that they found the “ultimate work-around” to imposing a national mandate. Klain then retweeted it.
— Dr. Nickarama (@nickaramaOG) January 13, 2022
As I noted the next day — along with Sen. Ted Cruz and law professor Jonathan Turley — that was a bad move that was likely going to come back on Klain and Biden. Indeed it did, then later in November, when the 5th Circuit upheld the stay on the vaccine mandate, noting what Klain had said, noting Biden was against mandates before he was for them and didn't have any explanation as to why they were trying to impose this now when it clearly wasn't emergent earlier in the pandemic.
Now, in an example of how stupid Klain's retweet was and how tweets can come back to haunt you, Klain was nailed for it when Gorsuch, in his concurrence, took note of what Klain had done. Gorsuch was joined by Justice Samuel Alito and Justice Clarence Thomas. Gorsuch referenced the 5th Circuit in noting the “ultimate work-around.” “It seems, too, that the agency pursued its regulatory initiative only as a legislative ‘work-around,'” Gorsuch wrote.
The @LJCenter @PelicanInst petition to the 5th Circuit submitted Biden Chief of Staff @RonaldKlain's retweet about the #OSHA mandate being "the ultimate work-around" for the Fed govt to issue a vax mandate.
Both the 5th circuit's stay & the Gorsuch concurrence took note. 😉 pic.twitter.com/UMeFQu0mpo
— Liberty Justice Center (@LJCenter) January 13, 2022
Pro-tip to Ron Klain? When you brag about how clever you are on Twitter while revealing your unconstitutional intention, it just may come back to bite you in the butt, and it did big time.
Ron Klain is not reacting well in response. Someone should tell him to step away from Twitter before he gets Biden into more trouble.
How bad are things at the Biden White House right now?
Ron Klain is retweeting polls that show the majority of Americans disapprove of the job Biden is doing. pic.twitter.com/E6nxCsIoRk
— Francis Brennan (@FrancisBrennan) January 13, 2022
We didn't impose ANY vaccine requirements until August, and the one the Court stayed today was not announced until September. These requirements were used only after persuasion, incentives ($100 to get a vax), and final FDA approval were all in place. https://t.co/fHiM9Fvz0S
— Ronald Klain (@WHCOS) January 13, 2022
The bottom line was you telegraphed your game, Ron. SCOTUS sent you a clear message — you are not a king and you don't get to impose your illegal will by stomping all over the Constitution. And saying something akin to “They didn't listen to us so that's why we had to act illegally” is also not a good look. And you wonder why Joe Biden is at 33 percent approval?