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Supreme Court of the United States

Countercultural Media Company Fights Unconstitutional Mandate

January 21, 2022

On July 23, 2021, White House press secretary Jen Psaki was twice asked about the Biden administration's stance on vaccine mandates.

Her answers pointed to “private-sector companies, and others who make decisions about how to keep their communities safe,” and she even admitted that vaccine mandates are “not the role of the federal government.”

Later, on September 9, President Biden announced that he would direct the Occupational Safety and Health Administration (OSHA) to create a new “workplace safety” rule. That new rule would compel employers with 100 or more employees to require all employees to be vaccinated or be masked and tested weekly for COVID-19.

The about-face should be concerning to everyone—especially those who believe that all Americans should be free to make their own medical decisions.

Jeremy Boreing, co-founder of The Daily Wire, is among them.

Policing the private medical decisions of his employees was never part of his business plan.

But that’s what the Biden administration is demanding of The Daily Wire and every other private business with 100 or more employees. On November 4, OSHA released its “emergency” vaccine mandate, putting businesses in between over 80 million employees and their doctors. Forcing hardworking Americans to choose between getting the vaccine, undergoing weekly testing, or losing their jobs.

A single violation of the mandate’s rule could result in a fine of over $136,000. Businesses facing such draconian penalties could be crushed overnight.

To be clear, the issue at hand is not vaccines themselves. Boreing himself considers COVID vaccines some of the greatest scientific achievements of the 21st century. Some employees at The Daily Wire have received the vaccine.

But some have natural immunity due to having already contracted COVID-19. Some have chosen not to get the vaccine because they have autoimmune diseases or have struggled with allergic reactions to vaccines. Some employees even have religious or personal beliefs that prevent them from getting vaccinated.

Make no mistake. The challenges being brought against the Biden administration’s unconstitutional mandate are aimed at staggering government overreach.

This blatant exploitation of federal law is an attempt to force employers, even private and religious employers, to submit to medical procedures just because they have a job. It’s a power grab that should concern everyone, regardless of your stance on the COVID-19 vaccines.

It would appear that the White House not only knows this but embraces it.

Ronald Klain, the White House Chief of Staff, retweeted a news anchor who suggested that “doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”

That’s why ADF is representing The Daily Wire in one of four lawsuits challenging the unconstitutional mandate.

Although the U.S. Court of Appeals for the 5th Circuit issued a stay on the mandate, all cases challenging it were consolidated to the 6th Circuit. On December 17, the 6th Circuit lifted the stay and ADF immediately asked the U.S. Supreme Court to step in and halt the mandate.

Thankfully, on January 13, the High Court agreed, and the mandate has been halted while the case continues in the 6th Circuit.

The Biden administration’s weaponization of regulatory agencies like OSHA is a breathtaking overreach that every American should resist. Let’s hope the 6th Circuit agrees.

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Alliance Defending Freedom

Alliance Defending Freedom

Non-profit organization

Alliance Defending Freedom advocates for your right to freely live out your faith


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