{"id":1048963,"date":"2021-11-23T15:59:42","date_gmt":"2021-11-23T20:59:42","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1048963"},"modified":"2021-11-23T15:59:46","modified_gmt":"2021-11-23T20:59:46","slug":"biden-admin-asks-court-to-lift-stay-on-osha-mandate-gives-daily-wire-deadline-to-respond","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-admin-asks-court-to-lift-stay-on-osha-mandate-gives-daily-wire-deadline-to-respond\/","title":{"rendered":"Biden Admin Asks Court To Lift Stay On OSHA Mandate, Gives Daily Wire Deadline To Respond"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">32<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fbiden-admin-asks-court-to-lift-stay-on-osha-mandate-gives-daily-wire-deadline-to-respond%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1048963&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The Biden administration petitioned a federal court Tuesday to immediately lift a stay on the government\u2019s COVID-19 vaccine and testing requirement for private businesses, citing an \u201congoing and overwhelming\u201d threat from the illness.<\/p>\n<p>The Department of Justice (DOJ) filed its request with the Sixth Circuit Court of Appeals, picked by lottery last week to consolidate numerous legal challenges filed against the federal order. The Daily Wire was first to file a legal challenge against the Biden administration rule in the Sixth Circuit and is poised to lead the court battle against the federal government.<\/p>\n<p>The Justice Department request to lift the stay comes over two weeks after the order was originally stayed by the Fifth Circuit.<\/p>\n<p>\u201cBefore the various petitions for review were assigned to this Court, the Fifth Circuit granted a stay and enjoined the implementation and enforcement of the Standard,\u201d the petition says, referring to the Occupational Safety and Health Administration (OSHA) rule. \u201cThe Fifth Circuit\u2019s stay should be lifted immediately.\u201d<\/p>\n<p>The Fifth Circuit <a href=\"https:\/\/www.dailywire.com\/news\/breaking-federal-court-freezes-biden-vaccine-mandate-over-possible-grave-statutory-and-constitutional-issues\">stayed<\/a> the OSHA regulation on November 6, citing \u201cgrave statutory and constitutional issues.\u201d A three-judge panel at the court later <a href=\"https:\/\/www.dailywire.com\/news\/breaking-federal-appeals-court-blocks-bidens-staggeringly-overboard-vaccine-mandate\">wrote<\/a> that the regulation \u201cgrossly exceeds OSHA\u2019s statutory authority.\u201d<\/p>\n<p>\u201cRather than a delicately handled scalpel, the Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers\u2019 varying degrees of susceptibility to the supposedly \u2018grave danger\u2019 the Mandate purports to address,\u201d the panel wrote.<\/p>\n<p>The DOJ argued that the Fifth Circuit erred in issuing the stay, claiming that the federal government had statutory authority to compel such sweeping action after it \u201creasonably concluded that the highly contagious and virulent COVID-19 virus presents a \u2018grave danger\u2019 \u2014 that is, a threat of great harm or injury \u2014 to employees.\u201d<\/p>\n<p>The federal government also took shots at the rule\u2019s numerous legal challengers, which include The Daily Wire. Petitioners were given until December 3 to respond to the DOJ.<\/p>\n<p>\u201c[P]etitioners have not shown that their claimed injuries outweigh the interest in protecting employees from a dangerous virus while this litigation proceeds,\u201d the DOJ wrote. \u201cPetitioners\u2019 asserted injuries are speculative and depend heavily on minor compliance costs or predictions about how employees may respond that are at odds with empirical evidence addressed by the agency. These claimed injuries do not justify delaying a Standard that will save thousands of lives and prevent hundreds of thousands of hospitalizations.\u201d<\/p>\n<p>The Daily Wire sued the federal government on November 4, hours after OSHA\u2019s order was published in the federal register and roughly two months after Biden announced his broad federal action.<\/p>\n<p>\u201cThe Daily Wire will not comply with President Biden\u2019s tyrannical vaccine mandate, and we are suing the Biden Administration to put a stop to their gross overreach,\u201d Daily Wire co-founder and co-CEO Jeremy Boreing said at the time. \u201cPresident Biden, the federal government, social media, and the establishment media have conspired to rob Americans of their freedoms in the name of public health. They have broken faith with the American people through conflicting messaging, false information, and by suppressing data and perspectives with which they disagree.\u201d<\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a <\/em><a href=\"https:\/\/www.dailywire.com\/subscribe\"><em>member<\/em><\/a><em>.&nbsp;<\/p>\n<p><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Biden administration petitioned a federal court Tuesday to immediately lift a stay on the government\u2019s COVID-19 vaccine and testing requirement for private businesses, citing an \u201congoing and overwhelming\u201d threat from the illness.The Department of Justice (DOJ) filed its request with the Sixth Circuit Court of Appeals, picked by lottery last week to consolidate numerous legal challenges filed against the federal order. The Daily Wire was first to file a legal challenge against the Biden administration rule in the Sixth Circuit and is poised to lead the court battle against the federal government.The Justice Department request to lift the stay comes over two weeks after the order was originally stayed by the Fifth Circuit.\u201cBefore the various petitions for review were assigned to this Court, the Fifth Circuit granted a stay and enjoined the implementation and enforcement of the Standard,\u201d the petition says, referring to the Occupational Safety and Health Administration (OSHA) rule. \u201cThe Fifth Circuit\u2019s stay should be lifted immediately.\u201dThe Fifth Circuit stayed the OSHA regulation on November 6, citing \u201cgrave statutory and constitutional issues.\u201d A three-judge panel at the court later wrote that the regulation \u201cgrossly exceeds OSHA\u2019s statutory authority.\u201d\u201cRather than a delicately handled scalpel, the Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers\u2019 varying degrees of susceptibility to the supposedly \u2018grave danger\u2019 the Mandate purports to address,\u201d the panel wrote.The DOJ argued that the Fifth Circuit erred in issuing the stay, claiming that the federal government had statutory authority to compel such sweeping action after it \u201creasonably concluded that the highly contagious and virulent COVID-19 virus presents a \u2018grave danger\u2019 \u2014 that is, a threat of great harm or injury \u2014 to employees.\u201dThe federal government also took shots at the rule\u2019s numerous legal challengers, which include The Daily Wire. Petitioners were given until December 3 to respond to the DOJ.\u201c[P]etitioners have not shown that their claimed injuries outweigh the interest in protecting employees from a dangerous virus while this litigation proceeds,\u201d the DOJ wrote. \u201cPetitioners\u2019 asserted injuries are speculative and depend heavily on minor compliance costs or predictions about how employees may respond that are at odds with empirical evidence addressed by the agency. These claimed injuries do not justify delaying a Standard that will save thousands of lives and prevent hundreds of thousands of hospitalizations.\u201dThe Daily Wire sued the federal government on November 4, hours after OSHA\u2019s order was published in the federal register and roughly two months after Biden announced his broad federal action.\u201cThe Daily Wire will not comply with President Biden\u2019s tyrannical vaccine mandate, and we are suing the Biden Administration to put a stop to their gross overreach,\u201d Daily Wire co-founder and co-CEO Jeremy Boreing said at the time. \u201cPresident Biden, the federal government, social media, and the establishment media have conspired to rob Americans of their freedoms in the name of public health. They have broken faith with the American people through conflicting messaging, false information, and by suppressing data and perspectives with which they disagree.\u201dThe Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a member.\u00a0<\/p>\n","protected":false},"author":70,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1048963","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1048963","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/70"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1048963"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1048963\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1048963"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1048963"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1048963"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}