In late December it was announced that the judicial stay upon the Biden-Harris regime’s authoritarian COVID mandate power-grab would not be upheld by the Sixth Circuit Court of Appeals based in Cincinnati, Ohio. This truly surprising development came as quite an unwelcome shock to many conservative Americans fighting desperately to maintain their bodily autonomy in the face of a rapidly encroaching, indeed power-mad Federal Government. The ruling was 2-1 of the three judges present in favor of allowing the Occupation Health and Safety Administration (OSHA) to wildly overstep their authority and resume the enforcement of the ghastly provision which forces American citizens to choose between the freedom to choose their own medical care or their livelihoods.
Judge Jane Branstetter Stranch, a Barack Obama appointee wrote the majority opinion in one of the most shameful rulings since the Dredd Scott decision, obliquely citing the oft’ used leftist trope of “the new normal” and suggesting that our nation will never return to anything resembling a pre-COVID panic state.
“Recognizing that the ‘old normal’ is not going to return, employers and employees have sought new models for a workplace that will protect the safety and health of employees who earn their living there. In need of guidance on how to protect their employees from COVID-19 transmission while reopening business, employers turned to the Occupational Safety and Health Administration.”
But the most objectively terrifying statement is found much deeper in the ruling (page 37 in fact) where Judge Stranch writes what could very well be the epitaph of the Republic our founders devised. In short: your individual rights don’t matter up against the collective.
“The harm to the Government and the public interest outweighs any irreparable injury to
the individual Petitioners who may be subject to a vaccination policy”
Judge Joan Larsen, a Trump judicial nominee, wrote the dissenting opinion, offering some hope:
“As the Supreme Court has very recently reminded us, “our system does not permit agencies to act unlawfully even in pursuit of desirable ends.” Ala. Ass’n of Realtors v. Dep’t of Health & Hum. Servs., 141 S. Ct. 2485, 2490 (2021). The majority’s theme is that questions of health science and policy lie beyond the judicial ken. I agree. But this case asks a legal question: whether Congress authorized the action the agency took. That question is the bread and butter of federal courts. And this case can be resolved using ordinary tools of statutory interpretation and bedrock principles of administrative law. These tell us that petitioners are likely to succeed on the merits, so I would stay OSHA’s emergency rule pending final review.”
SCOTUS To Hear The Appeals Soon
The Supreme Court of the United States is scheduled to hear appeals on January 7th in what could be one of the most pivotal decisions in American History. While conventional wisdom would seem to indicate an easy victory for conservatives and the bodily autonomy of the American people, the disastrous refusal of SCOTUS to hear Texas v. Georgia, Wisconsin, Michigan, and Pennsylvania, the final blow that ushered Biden into office, has cast significant doubt on the Constitutional reliability of the nation’s highest court. Even the upcoming consideration of Roe v. Wade despite heavy indications the court may strike down the permissive abortion ruling is suspect in an environment where the American people can no longer rely on any branch of the Federal Government to actually uphold the Constitution of the United States.
The court will decide whether the rights of the individual and the sovereignty of the self or the harm to the government and “public interest” are the law of the land. And indeed with internal pressures mounting and divisions widening nationwide, these two decisions: the Vaccine mandate and Roe v. Wade’s reconsideration could very well decide whether our Republic survives or not, or whether they would force us all to bend the knee and take the jab.
