{"id":1137421,"date":"2021-12-21T11:49:59","date_gmt":"2021-12-21T16:49:59","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1137421"},"modified":"2021-12-21T11:50:01","modified_gmt":"2021-12-21T16:50:01","slug":"court-reinstates-bidens-vaccine-mandate","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/court-reinstates-bidens-vaccine-mandate\/","title":{"rendered":"Court Reinstates Biden\u2019s Vaccine Mandate"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">10<\/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%2Fcourt-reinstates-bidens-vaccine-mandate%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=1137421&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 class=\"p1\">It\u2019s Tuesday, December 21st, and this is your Morning Wire. Listen to the full podcast:<\/p>\n<p class=\"p1\">1) Court Reinstates Biden\u2019s Vaccine Mandate<\/p>\n<p>The Topline: A federal court of appeals lifted the stay on President Joe Biden\u2019s vaccine mandate for private employers, which has the potential to impact around 85 million Americans.<\/p>\n<p><img decoding=\"async\" aria-describedby=\"caption-attachment-320298\" loading=\"lazy\" class=\"size-full wp-image-320298\" src=\"https:\/\/www.dailywire.com\/wp-content\/uploads\/2021\/12\/Ake-NgiamsanguanGetty-Images.jpg\" alt width=\"600\" height=\"400\" srcset=\"https:\/\/dw-wp-production.imgix.net\/2021\/12\/Ake-NgiamsanguanGetty-Images.jpg 600w, https:\/\/dw-wp-production.imgix.net\/2021\/12\/Ake-NgiamsanguanGetty-Images-300x200.jpg 300w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><\/p>\n<p id=\"caption-attachment-320298\" class=\"wp-caption-text\">Ake Ngiamsanguan\/Getty Images<\/p>\n<p>The Courts<\/p>\n<p>On Friday, the 6th Circuit Court of Appeals \u2014 where The Daily Wire filed its lawsuit and where all the cases from around the country were consolidated \u2014 lifted the 5th Circuit\u2019s stay which had blocked enforcement of Biden\u2019s vaccine mandate. The mandate is now allowed to progress as if it will go into effect in January.&nbsp;<\/p>\n<p>The ruling is a setback for those fighting the mandate, but is not a permanent defeat. It was also surprising to some because the 6th Circuit did not show any deference to its sister circuit\u2019s previous order, and the 6th Circuit is known for being more conservative. In this case, however, the judge who drafted the opinion is an Obama appointee.&nbsp;<\/p>\n<p>The order said the courts must defer to OSHA\u2019s \u2018scientific analysis\u2019 and ruled that none of the legal or constitutional challenges have merit.&nbsp;<\/p>\n<p>What It Means: Companies will now have to comply with the mandate unless the Supreme Court intervenes. Dozens of parties, including The Daily Wire, have already appealed the decision and\/or filed emergency motions for the Supreme Court to stay the mandate.<\/p>\n<p>The appeals go to Justice Brett Kavanaugh, who already set a deadline of 4p.m. on December 30th for the administration to respond. If the court chooses to intervene, that will most likely happen in the first week of the new year.&nbsp;<\/p>\n<p>The Dissent<\/p>\n<p>Apart from casting doubt on OSHA\u2019s power to issue such a sweeping mandate, the dissent focused on whether or not the OSHA mandate is \u201cnecessary.\u201d&nbsp;<\/p>\n<p>In order for OSHA to issue an emergency rule like this, it has to show that it is necessary to prevent a grave danger. The order interpreted \u201cnecessary\u201d to mean reasonably needful, but the dissent argued that is the standard for a regular OSHA regulation, not one that bypasses ordinary procedure for an emergency, and that \u201cnecessary\u201d actually means the mandate has to be indispensable to achieving OSHA\u2019s goal.<\/p>\n<p>The Daily Wire: In a brief to the Supreme Court yesterday, The Daily Wire argued that the data doesn\u2019t support the notion that a vaccine mandate will accomplish the government\u2019s goal of preventing transmissions. The brief also points out to the Court that the mandate\u2019s 100-employee rule is arbitrary and nonsensical.<\/p>\n<p><img decoding=\"async\" aria-describedby=\"caption-attachment-320299\" loading=\"lazy\" class=\"size-full wp-image-320299\" src=\"https:\/\/www.dailywire.com\/wp-content\/uploads\/2021\/12\/Chip-SomodevillaStaffGetty-Images10.jpg\" alt width=\"600\" height=\"400\" srcset=\"https:\/\/dw-wp-production.imgix.net\/2021\/12\/Chip-SomodevillaStaffGetty-Images10.jpg 600w, https:\/\/dw-wp-production.imgix.net\/2021\/12\/Chip-SomodevillaStaffGetty-Images10-300x200.jpg 300w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><\/p>\n<p id=\"caption-attachment-320299\" class=\"wp-caption-text\">Chip Somodevilla\/Staff\/Getty Images<\/p>\n<p><strong>2) <\/strong>White House Doubles Down On Pressuring Unvaccinated&nbsp;<\/p>\n<p>The Topline: As COVID cases climb nationwide, the White House is telling unvaccinated Americans to get the shot, or prepare for a \u2018winter of death.\u2019&nbsp;<\/p>\n<p><a href=\"https:\/\/www.youtube.com\/watch?v=A4IPfBWN-rQ\">Quote Of The Day:<\/a> \u201cFor [the] unvaccinated, we are looking at a winter of severe illness and death\u2026 for themselves, their families and the hospitals they\u2019ll soon overwhelm. But, there\u2019s good news. If you\u2019re vaccinated and have your booster shot, you\u2019re protected from severe illness and death.\u201d<\/p>\n<p>\u2013 President Joe Biden&nbsp;<\/p>\n<p>Shift In Messaging<\/p>\n<p>When the vaccine was first being developed, President Biden took a positive approach, touting its effectiveness and incentivizing people to get the shot with free beer, cash prizes, and complimentary childcare.&nbsp;<\/p>\n<p>As time went on and millions of Americans remained unvaccinated, the message started to shift from attempting to convince the unvaccinated, to trying to pressure them.&nbsp;<\/p>\n<p>In September, Biden announced the federal vaccine mandate, as well as the mandate for employers with more than 100 workers. On the day of that announcement, he said \u201cWe\u2019ve been patient. But our patience is wearing thin, and your refusal has cost all of us.\u201d This week, he went a step further, saying the unvaccinated faced a winter of death.&nbsp;<\/p>\n<p>COVID&nbsp;<\/p>\n<p>Over the last month, hospitalizations are up 45% and the rolling weekly average on new cases is now over 125,000, though total deaths are still much lower than they were at their peak.&nbsp;<\/p>\n<p>President Biden and Dr. Anthony Fauci have both been sounding the alarm for weeks that America\u2019s hospitals are about to be overwhelmed and that the holiday season will lead to mass transmission of the Omicron variant. However, detractors have said every available study so far suggests that even though Omicron is quite contagious, it\u2019s far more mild than the Delta variant and has yet to kill anyone in America.<\/p>\n<p><img decoding=\"async\" aria-describedby=\"caption-attachment-320300\" loading=\"lazy\" class=\"size-full wp-image-320300\" src=\"https:\/\/www.dailywire.com\/wp-content\/uploads\/2021\/12\/Emma-McIntyreStaffGetty-Images.jpg\" alt width=\"600\" height=\"400\" srcset=\"https:\/\/dw-wp-production.imgix.net\/2021\/12\/Emma-McIntyreStaffGetty-Images.jpg 600w, https:\/\/dw-wp-production.imgix.net\/2021\/12\/Emma-McIntyreStaffGetty-Images-300x200.jpg 300w\" sizes=\"auto, (max-width: 600px) 100vw, 600px\" \/><\/p>\n<p id=\"caption-attachment-320300\" class=\"wp-caption-text\">Emma McIntyre\/Staff\/Getty Images<\/p>\n<p><strong>3) <\/strong>Spider-Man Revives Box Office&nbsp;<\/p>\n<p>The Topline: \u201cSpider-Man: No Way Home\u201d scored massive box office numbers this weekend, breaking pre-pandemic records.&nbsp;<\/p>\n<p>Theater Comeback<\/p>\n<p>\u201cSpider-Man: No Way Home\u201d earned more money in three days than any other pandemic-era movie brought in over<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It\u2019s Tuesday, December 21st, and this is your Morning Wire. Listen to the full podcast:1) Court Reinstates Biden\u2019s Vaccine MandateThe Topline: A federal court of appeals lifted the stay on President Joe Biden\u2019s vaccine mandate for private employers, which has the potential to impact around 85 million Americans.Ake Ngiamsanguan\/Getty ImagesThe CourtsOn Friday, the 6th Circuit Court of Appeals \u2014 where The Daily Wire filed its lawsuit and where all the cases from around the country were consolidated \u2014 lifted the 5th Circuit\u2019s stay which had blocked enforcement of Biden\u2019s vaccine mandate. The mandate is now allowed to progress as if it will go into effect in January.\u00a0The ruling is a setback for those fighting the mandate, but is not a permanent defeat. It was also surprising to some because the 6th Circuit did not show any deference to its sister circuit\u2019s previous order, and the 6th Circuit is known for being more conservative. In this case, however, the judge who drafted the opinion is an Obama appointee.\u00a0The order said the courts must defer to OSHA\u2019s \u2018scientific analysis\u2019 and ruled that none of the legal or constitutional challenges have merit.\u00a0What It Means: Companies will now have to comply with the mandate unless the Supreme Court intervenes. Dozens of parties, including The Daily Wire, have already appealed the decision and\/or filed emergency motions for the Supreme Court to stay the mandate.The appeals go to Justice Brett Kavanaugh, who already set a deadline of 4p.m. on December 30th for the administration to respond. If the court chooses to intervene, that will most likely happen in the first week of the new year.\u00a0The DissentApart from casting doubt on OSHA\u2019s power to issue such a sweeping mandate, the dissent focused on whether or not the OSHA mandate is \u201cnecessary.\u201d\u00a0In order for OSHA to issue an emergency rule like this, it has to show that it is necessary to prevent a grave danger. The order interpreted \u201cnecessary\u201d to mean reasonably needful, but the dissent argued that is the standard for a regular OSHA regulation, not one that bypasses ordinary procedure for an emergency, and that \u201cnecessary\u201d actually means the mandate has to be indispensable to achieving OSHA\u2019s goal.The Daily Wire: In a brief to the Supreme Court yesterday, The Daily Wire argued that the data doesn\u2019t support the notion that a vaccine mandate will accomplish the government\u2019s goal of preventing transmissions. The brief also points out to the Court that the mandate\u2019s 100-employee rule is arbitrary and nonsensical.Chip Somodevilla\/Staff\/Getty Images2) White House Doubles Down On Pressuring Unvaccinated\u00a0The Topline: As COVID cases climb nationwide, the White House is telling unvaccinated Americans to get the shot, or prepare for a \u2018winter of death.\u2019\u00a0Quote Of The Day: \u201cFor [the] unvaccinated, we are looking at a winter of severe illness and death\u2026 for themselves, their families and the hospitals they\u2019ll soon overwhelm. But, there\u2019s good news. If you\u2019re vaccinated and have your booster shot, you\u2019re protected from severe illness and death.\u201d\u2013 President Joe Biden\u00a0Shift In MessagingWhen the vaccine was first being developed, President Biden took a positive approach, touting its effectiveness and incentivizing people to get the shot with free beer, cash prizes, and complimentary childcare.\u00a0As time went on and millions of Americans remained unvaccinated, the message started to shift from attempting to convince the unvaccinated, to trying to pressure them.\u00a0In September, Biden announced the federal vaccine mandate, as well as the mandate for employers with more than 100 workers. On the day of that announcement, he said \u201cWe\u2019ve been patient. But our patience is wearing thin, and your refusal has cost all of us.\u201d This week, he went a step further, saying the unvaccinated faced a winter of death.\u00a0COVID\u00a0Over the last month, hospitalizations are up 45% and the rolling weekly average on new cases is now over 125,000, though total deaths are still much lower than they were at their peak.\u00a0President Biden and Dr. Anthony Fauci have both been sounding the alarm for weeks that America\u2019s hospitals are about to be overwhelmed and that the holiday season will lead to mass transmission of the Omicron variant. However, detractors have said every available study so far suggests that even though Omicron is quite contagious, it\u2019s far more mild than the Delta variant and has yet to kill anyone in America.Emma McIntyre\/Staff\/Getty Images3) Spider-Man Revives Box Office\u00a0The Topline: \u201cSpider-Man: No Way Home\u201d scored massive box office numbers this weekend, breaking pre-pandemic records.\u00a0Theater Comeback\u201cSpider-Man: No Way Home\u201d earned more money in three days than any other pandemic-era movie brought in over their entire theatrical runs.It had the number two opening weekend of all time, but its performance was equally stunning on an international level. Globally, it had the third highest opening weekend of all time, but \u201cSpider-Man\u201d achieved this without China, the world\u2019s largest film market. The two higher movies both had Chinese releases.Potential ReasonsMarvel head Kevin Feige has given several interviews lately stressing that Marvel will be introducing more LGBT representation. Both \u201cBlack Widow\u201d and \u201cEternals\u201d were heavily promoted with an emphasis on identity politics.\u00a0However, \u201cSpider-Man\u201d did not go in a politically Left direction. The movie celebrated the Spider-Man fans knew as a child. One of the main themes of the movie was anti-cancel culture. The movie positively champions the idea of redemption and second chances.Kevin Dietsch\/Staff\/Getty ImagesOther Stories We\u2019re TrackingKevin McCarthyHouse Minority Leader Kevin McCarthy is making plans to start at least seven investigations into the Biden administration if Republicans win the majority in the midterms. Among the issues McCarthy plans to investigate are decisions behind the Afghanistan withdrawal, CDC communications about school closures and mask mandates, and the record levels of illegal immigration under Biden.\u00a0Ryanair CEO Vaccination CommentsThe CEO of the airline Ryanair, said people shouldn\u2019t be able to fly if they\u2019re not vaccinated against COVID-19. CEO Michael O\u2019Leary said unvaccinated people \u201cshouldn\u2019t be allowed in the hospital, you shouldn\u2019t be allowed to fly, you shouldn\u2019t be allowed on the London Underground, and you shouldn\u2019t be allowed in the local supermarket or your pharmacy either\u2026\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\u00a0member.<\/p>\n","protected":false},"author":71,"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-1137421","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\/1137421","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\/71"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1137421"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1137421\/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=1137421"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1137421"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1137421"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}