Joe Biden hasn’t been doing well in general with his vaccine mandates in the courts.
Biden was handed yet another loss Friday evening, when a federal judge ruled against his vaccine and mask mandates for the Head Start programs in Texas. Biden had been trying to impose vaccination on all the adults and near-universal masking on adults and children over two years old.
The opinion found that the Biden Administration couldn’t act without congressional authorization.
The court also noted that it “concludes that there is a substantial likelihood that the mandates do not fit within the Head Start Act’s authorizing text, that HHS failed to follow the APA in promulgating the mandates and that the mandates are arbitrary and capricious,” and stated that it “preliminarily enjoins their enforcement in Texas.”
Both Texas Gov. Greg Abbott and Attorney General Ken Paxton celebrated the decision.
BREAKING: Texas just beat Biden again.
Another of Biden’s vaccine & mask mandates was just halted by a federal judge in Texas.
The Court writes: “It is undisputed that an agency cannot act without Congressional authorization.”
That would apply to all of Biden’s orders. pic.twitter.com/dqmDLGxR9j
— Greg Abbott (@GregAbbott_TX) January 1, 2022
Paxton said this was a win for the children of Texas, that Biden didn’t have the statutory or constitutional authority to do what he did and that parents should be making such decisions — not Joe Biden.
Paxton said, “I think parents are going to be glad they get to make the decision. This is a victory for freedom in America.”
“Hopefully, the Biden administration will lay down their sword and stop jabbing at parents and kids and just let this thing stand,” Paxton added. “I’m sure they won’t. … They think they should make the choice for these children and for these parents.”
Is Joe Biden going to learn his lesson and stop the mandates now that he’s conceded there’s no “federal solution”, and now that his administration seems to be shifting the narrative? He hasn’t yet. But he may be getting an even bigger message soon.
Biden has had one win – in the Sixth Circuit, where the court lifted the stay on the OSHA rule that demands that employers with over 100 employees must impose a vaccine mandate or testing requirement. However, SCOTUS will be hearing that case on appeal, with oral arguments on January 7. They will also be hearing another big case — the order by the Center for Medicare and Medicaid Services that all health care workers in facilities receiving Medicare or Medicaid payments must get the vaccine. One has to think that’s not going to go well for Biden.
When Biden is handed a loss there, he wouldn’t have anything left in his quiver. Apart from the mandates, his “plan” has consisted of shifting and changing “guidance,” and things like bringing the Jonas Brothers and dancing nurses into the White House. If he can’t force people to do what he wants, he doesn’t know what else to do.
Not only has he been harming people and costing them their jobs with the mandate push, but Biden has also been endangering lives by denying monoclonal antibody treatments to the states when they need them, by imposing arbitrary rules that make no sense, such as cutting off antibody treatments that would be effective against the Delta variant because of the rise of Omicron, an incredibly ridiculous decision. Why would you deny treatment to anyone who could be helped? But that’s the Biden Administration. There isn’t a lot of sense there.