Joe Biden’s unlawful federal vaccine mandate has been widely condemned as unwise, unsafe, and unconstitutional.
Even Democrats are beginning to recognize this fact as Democrat Senators Joe Manchin and Jon Tester have kept their word to side with Republicans against Biden’s vaccine mandate.
They joined all 50 of their Republican colleagues in a vote to strike down Biden’s federal vaccine mandate.
The U.S. Senate voted 52-48 in favor of repealing Joe Biden’s federal vaccine mandate for private businesses.
This is a major blow to the Biden administration.
“It’s got Main Street America scared,” Republican Senator Mike Braun said.
“They’re worried about, well, what does this mean on other issues? Anybody who thinks this is a good idea, imagine the next time it happens when you’re on the wrong side on whatever the merits of the case would be.”
The two Democrats and 50 Republicans were able to repeal the mandate under the “Congressional Review Act.” This allows Congress to review executive orders.
“I’m not crazy about mandates,” Jon Tester told NBC News on Tuesday.
“Let me be clear,” Manchin said, “I do not support any government vaccine mandate on private businesses.”
“That’s why I have cosponsored and will strongly support a bill to overturn the federal government vaccine mandate for private businesses,” he continued.
“I’ve been very supportive of a mandate for federal government, for military,” Manchin explaind, adding “I’ve been less enthused about it in the private sector.”
NY Post confirmed, “Sen. Joe Manchin (D-WV) said Thursday that he would join all 50 of his Republican colleagues in backing a resolution challenging President Biden’s vaccine mandate for private business.”
“The Senate is expected to vote next week on a resolution of disapproval of the Biden administration rule requiring businesses with at least 100 employees to ensure that workers are fully vaccinated against COVID-19 or implement weekly testing requirements,” the report said.
“The rule has been slammed by Republicans and drawn legal challenges from several states,” the NY Post continued.
“If both houses of Congress approve the resolution by a simple majority and it is signed by the president — or if both chambers override a presidential veto — the rule would be invalidated.”
There is a strong indication that Manchin’s vote with the GOP will destroy Biden’s hopes for the vaccine mandate.
Making matters worse for the Biden administration, a federal judge recently issued a nationwide injunction and blocked the vaccine mandate for health care workers.
U.S. Judge Terry Doughty issued a nationwide injunction on Biden’s order. The lawsuit on behalf of health care workers is led by Republican Louisiana Attorney General Jeff Landry.
13 other states have joined him. Doughty added a nationwide injunction in his ruling.
Biden’s vaccine mandate forces some Americans to get the injection in their arms without allowing exemptions for legitimate health reasons or religious reasons. If not, health care workers are faced with losing their jobs amid the coronavirus pandemic.
“If the separation of powers meant anything to the Constitutional framers, it meant that the three necessary ingredients to deprive a person of liberty or property – the power to make rules, to enforce them, and to judge their violations – could never fall into the same hands,” Doughty wrote. “If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands. If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.”
Doughty wrote, “During a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our Constitution to avoid erosion of our liberties.”
“Because the Plaintiff States have satisfied all four elements required for a preliminary injunction to issue, this Court has determined that a preliminary injunction should issue against the Government Defendants,” he continued.
“This matter will ultimately be decided by a higher court than this one. However, it is important to preserve the status quo in this case. The liberty interests of the unvaccinated requires nothing less.”
Since the CMS Mandate was nationwide and “uniformity” needed to be maintained, Doughty said that a nationwide injunction was needed.
“Therefore, the scope of this injunction will be nationwide, except for the states of Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, North Dakota, South Dakota, since these ten states are already under a preliminary injunction order dated November 29, 2021, out of the Eastern District of Missouri,” Doughty said.
“This preliminary injunction shall remain in effect pending the final resolution of this case, or until further orders from this Court, the United States Court of Appeals for the Fifth Circuit, or the United States Supreme Court.”
Louisiana Attorney General Jeff Landry praised the ruling.
“While our fight is far from over, I am pleased the Court granted preliminary relief against the President’s unconstitutional and immoral attack on not only our healthcare workers but also the access to healthcare services for our poor and elderly,” Landry said.
“I will see this case through to the end – fighting every step of the way to prevent the federal government from imposing medical tyranny on our citizens and turning last year’s healthcare heroes into this year’s unemployed.”