Job Creators Network: Biden Administration Smells Defeat on Employer Vaccine Mandate

Michael W. Chapman | November 10, 2021 | 2:06pm EST
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(Getty Images)
(Getty Images)

(CNS News) -- The Biden administration apparently is concerned that its COVID vaccine mandate for private-sector employers could lose in court, according to the Job Creators Network (JCN), and this is why it is urging companies to proceed with the vaccinations despite a federal court's ruling to halt the mandate pending a review. 

“The Biden administration signals that it smells defeat on its illegal vaccine mandate by urging businesses to comply with it despite a federal court freeze," said JCN President and CEO Alfredo Ortiz in a statement.

"By encouraging businesses to continue implementing vaccine rules for their employees, the Biden administration must be worried about losing and is trying to get as many employers to comply before its ultimate demise," he added.

 
 

In a Nov. 4 statement on vaccination requirements, President Joe Biden said, "Today, the Labor Department issued its rule requiring COVID-19 vaccinations for companies with 100 or more employees. If you work for one of these companies you will either need to get vaccinated or test at least weekly."

(Screenshot)
(Screenshot)

"I’m calling on employers to act. Businesses have more power than ever before to accelerate our path out of this pandemic, save lives, and protect our economic recovery," he added. 

However, on Nov. 6, the U.S. Court of Appeals for the Fifth Circuit, in response to a lawsuit, issued a stay on the employer vaccination rule, stating there is "cause to believe there are grave statutory and constitutional issues with the mandate."

JCN President and CEO Alfredo Ortiz on the Fox News Channel.  (Screenshot)
JCN President and CEO Alfredo Ortiz on the Fox News Channel. (Screenshot)

When asked about the court's action on Monday, Nov. 8, Deputy Press Secretary Karine Jean-Pierre said, “People should not wait. They should continue to move forward and make sure they’re getting their workplace vaccinated.”

The court asked the Justice Department to respond to the stay by 5:00 p.m. on Monday, which it did, and further developments are pending. 

JCN's Ortiz said, "We encourage the courts to listen to small business plaintiffs like us and turn this vaccine mandate temporary stay into a permanent block, freeing small businesses and their employees to get back to work bringing the economy back.”

"President Biden is completely out of touch with reality and is under the misguided impression that this unconstitutional mandate will not have a detrimental impact on the small business community," Ortiz said. "We know better and we will continue to fight until it is completely eliminated.”

(Getty Images)
(Getty Images)

Georgetown Law Prof. David Vladeck told CNBC there is a "high probability" the case will end up before the U.S. Supreme Court. 

“There are justices on the court who want to rein in the administrative state and this is a case in which those concerns are likely to come to the fore,” said Vladeck

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