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SCOTUS STRIKES DOWN BIDEN'S MANDATE AND IT'S GOOD NEWS FOR OUR WISE v INSLEE FEDERAL LAWSUIT


2022 is off to a positive start as the United States Supreme Court, in a 6-3 decision, has stopped the Biden administration from enforcing its requirement that large businesses require employees to be vaccinated.

From the Opinion dated January 13, 2022

The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is clear: Under the law as it stands today, that power rests with the States and Congress, not OSHA.
The Agency claims the power to force 84 million Americans to receive a vaccine or undergo regular testing. By any measure, that is a claim of power to resolve a question of vast national significance. Yet Congress has nowhere clearly assigned so much power to OSHA.
Congress has adopted several major pieces of legislation aimed at combating COVID–19. But Congress has chosen not to afford OSHA—or any federal agency—the authority to issue a vaccine mandate. Indeed, a majority of the Senate even voted to disapprove OSHA’s regulation.

Justice Gorsuch masterfully throws the hammer down in the majority opinion citing the major questions doctrine which ensures the national government's power to make laws remains where Article I of the Constitution says it belongs - WITH THE PEOPLE'S ELECTED REPRESENTATIVES.


Today's decision along with several other key factors that have developed since Wise v Inslee was denied injunctive relief back in October to include:

  • J. Doe v San Diego Unified School District and the issue of Strict Scrutiny.

  • Per the CDC (and other credible sources), vaccines neither prevent infection nor transmission, may only lessen "severe symptoms," and are unlikely to stem the spread.

  • Court rulings citing "less restrictive" mitigation measures.

The abundance of accepted vaccine alternatives and data related vaccine effectiveness and safety signals Inslee's mandate is less likely to survive.


Citizens4Liberty expects to be back in court very soon as we continue to seek justice for the brave people who have stood tall and risked so much as I'm sure many of us now wish we had the courage to do. Your tax deductible donations make this critical fight for freedom possible and we need your help.


A second run in Federal District Court and a likely appeal to the 9th Circuit Court of Appeals will be expensive but given the impact on the lives of the plaintiffs and their families supported by this case and the future harm it will prevent I hope you will see this as a righteous cause that benefits every American and support our legal team.


Full text of the Court's decision is available below.

NFIB v OSHA
.pdf
Download PDF • 174KB


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