The Daily Wire filed a lawsuit against the federal government on Thursday over President Joe Biden’s order mandating that large employers must require their employees be vaccinated against COVID-19 or submit to regular testing.
The Dhillon Law Group, Inc. and Alliance Defending Freedom filed the legal challenge on behalf of The Daily Wire in the U.S. Court of Appeals for the 6th Circuit. The mandate requires all private employers of 100 or more employees to force unvaccinated employees to receive a COVID-19 vaccine, be subject to weekly testing, or lose their job. Attorneys for The Daily Wire will also file an emergency motion to stay the mandate.
“The Daily Wire will not comply with President Biden’s tyrannical vaccine mandate, and we are suing the Biden Administration to put a stop to their gross overreach,” said Daily Wire Co-Founder and Co-CEO Jeremy Boreing. “President Biden, the federal government, social media, and the establishment media have conspired to rob Americans of their freedoms in the name of public health. They have broken faith with the American people through conflicting messaging, false information, and by suppressing data and perspectives with which they disagree.”
The lawsuit alleges that the Biden administration lacks constitutional and statutory authority to issue the employer mandate, and that the mandate failed to meet the requirements for issuing a rule taking effect immediately without the normal process of considering public comments.
“The federal government lacks the legal authority to compel private employers to play the role of vaccine or COVID police, lack the police power to force private employees to undergo medical treatment, and may not ignore constitutional limits on its ability to regulate every aspect of our lives,” said Dhillon Law Group’s partner Harmeet K. Dhillon. “The Biden administration’s attempt to impose this unprecedented and unlawful federal medical mandate on the U.S. workforce without considering the public’s views is arbitrary, capricious, unsupported by the evidence, and would produce a willfully ignorant rule.”
The lawsuit takes no position on any COVID-19 vaccine or whether any person should make the personal decision to receive it or not. The Daily Wire has employees who have received a COVID-19 vaccine and those who have not.
“The Biden administration’s decision to mandate vaccines through an OSHA rule is unlawful and compels businesses like The Daily Wire to intrude on their employees’ personal health decisions,” said ADF Senior Counsel Ryan Bangert. “The government has no authority to unilaterally declare that employees are workplace hazards or to compel employers to become vaccine commissars, and we are asking the 6th Circuit to put a stop to it immediately.”
The Daily Wire said in a press release:
As the motion for stay filed with the 6th Circuit will argue, the federal government has no power under the Constitution to force half the U.S. private sector workforce — 80 million workers or more — to be vaccinated against their will or endure repeated medical testing as a condition of simply earning a living. Nor is OSHA empowered to compel employers to enforce this government diktat or face punishing fines. Yet the OSHA mandate would do just that. Even if it had such power, Congress did not delegate it to OSHA, which is overtly trying to ram this unconstitutional, extra-statutory, and unprecedented mandate into immediate effect through emergency rulemaking to avoid public comment in violation of the Administrative Procedure Act.
Forced to invade employees’ medical choices or histories and their religious beliefs in connection with a condition of employment, The Daily Wire risks being trapped between its obligations under the mandate and the prohibitions against discrimination under the Americans with Disabilities Act and the Civil Rights Act of 1964, as well as the burdens of laws regulating the possession of private information. The mandate is unconstitutional because the Constitution does not grant Congress — much less OSHA — the general police powers needed to mandate vaccination and virus testing as a condition of private employment, or to deputize employers to enforce that mandate on its behalf.
HD Editor’s Note: Why Is This News Biblically Relevant?
Jonathan Brentner recently wrote about vaccine mandates, explaining that “the COVID-19 tyranny in American and throughout the world foreshadows” events the Bible says will take place in the future.
“Former Congresswoman Michelle Bachman, in a recent radio interview with Jan Markell, referred to the Biden administration as a “culture of death.” The facts confirm her statement,” Brentner wrote.
“Michelle Bachman’s statement referring to the Biden administration as a ‘culture of death’ rings true in so many ways. The result of Biden’s ‘vaccine’ mandates, if fully implemented, will directly cause tens of thousands in the U.S. to die,” he warned, “if not a great many more.
“There’s an uncredited quote making its rounds on Facebook that states, ‘At no time in history have the people forcing others into compliance been the good guys.’ This is most definitely the case in America and across the globe as well,” Brentner urged.
“The division between the vaccinated and the unvaccinated continues to grow.” he continued. “The COVID-19 tyranny in American and throughout the world foreshadows the seven-year tribulation during which time Scripture tells us that the kingdom of the antichrist will kill a multitude of both Christians and Jews. The ‘us versus them’ mentality of Nazi Germany will return, but this time on a worldwide scale with no powerful allied forces to fight against the tyranny.”
“Vaccine mandates and passports are leading the world directly to the mark of the beast as described in Revelation 13:16-18,” he wrote. “As Brandon Holthaus described them, they are ‘stairsteps’ leading directly to the time when the antichrist requires his mark in order to buy and sell. They are conditioning people to accept the mandates of the lawless one, even the one that will demand people worship him or face death.”
“Those of us securely in Jesus have nothing to fear. He is coming soon for us and after He takes us to the place in His Father’s house that He’s preparing for us (John 14:1-3; Colossians 3:4), He will pour out His wrath on this lawless and Christ-rejecting world,” Brentner underscored. “How do we come to grips with a government that wants to kill us? We look to Jesus, the ‘the author and finisher of our faith’ (Hebrews 12:2). The one who originated our faith in Him and perfects it will never leave us on our own, but He will bring us safely to His kingdom regardless of our fate in the coming weeks, months, or years.”
“You see, we live in biblical times. Dangerous yes, but nevertheless biblical times,” Brentner concluded.
