As RedState reported, the 5th Circuit Court of Appeals refused to lift the stay on Joe Biden’s vaccine mandate for private businesses last night. That came after the court gave the administration a week to respond to the challenge that the “emergency” OSHA regulation produces “grave” constitutional questions. Obviously, the judges were not swayed.
But while the decision itself is the biggest news here, inside the court’s decision is something that’s just amazing. Let me set it up first, though.
Ronald Klain, who serves as Biden’s chief of staff, has this uncontrollable habit of retweeting wildly partisan messages. That’s most often manifested itself in him pushing tweets from crazed Washington Post columnist Jennifer Rubin. But he branches out, and in one instance he retweeted MSNBC’s Stephanie Ruhle, another rabid liberal who routinely puts out terrible takes.
Well, the 5th Circuit actually cited that instance as evidence against the White House.
5th Cir. says retweets are endorsements. pic.twitter.com/jOK9YcWiPu
— Brad Heath (@bradheath) November 13, 2021
That produced lots of gnashing of teeth. How could a court possibly use tweets as a partial basis for a ruling? Why, that would be absolutely horrendous and unheard of, right? Tweets and retweets are not to be taken seriously, after all.
Glad the Fifth Circuit is doing, you know, LEGAL research? Or is in the Constitution that @SRuhle ‘s off the cuff comments are stare decisis?
— Jeff Leon (@jeffaleon) November 13, 2021
The 5th circuit is sufficient basis for court reform.
— Edward Utyro (@EUtyro) November 13, 2021
I note the whining about the court’s choice to include Klain’s retweet in their decision, because I find the hypocrisy to be absolutely hilarious. Remember, this is the same left that spent years insisting that Donald Trump’s retweets and tweets constituted obstruction of justice. We had an entire special counsel where Robert Mueller’s final report cited dozens of Trump tweets. Yet, when the tables turn, suddenly it’s out of bounds to cite Twitter activity.
Of course, the court is also correct in its assessment, at least in my view. Klain clearly only retweets things he agrees with, and the mandate, from the beginning, has represented a dishonest, unnecessary workaround to do something that is likely unconstitutional. An emergency rule that takes two months to formulate and another two months to go into effect? Give us all a break, never mind that the vaccines don’t stop people from spreading COVID-19, which blows up the entire justification for mandates and providing proof of vaccination.
Still, it’s funny to see something the left hung their hat on for four years now be denigrated because it’s being used against them.