The Daily Wire appears to be the lead plaintiff in challenging Democrat President Joe Biden’s vaccine mandate after the Ohio-based 6th US Circuit Court of Appeals was chosen to take on the issue following a ping-pong ball lottery. The Daily Wire was the first plaintiff to file a challenge to the mandate in the 6th circuit.
The case challenges the Biden administration’s mandate, which is enacted through OSHA, that forces employers with more than 100 employees to have their employees vaccinated or to conduct regular coronavirus testing.
Bloomberg Law reports:
While the Sixth Circuit won the random draw, the lottery doesn’t necessarily end the jockeying over which court will ultimately hear the case. Parties can petition circuit courts to transfer the case elsewhere.
And no matter what happens at the circuit court level, the U.S. Supreme Court is likely to have the final say on the vaccinate-or-test emergency temporary standard. Yet the appeals court’s decision could set the table for the justices by framing the debate and raising which legal questions will determine the rule’s fate.
Immediately following the release of the OSHA rule, The Daily Wire was the first major company to file a lawsuit against the Biden administration, as the company noted in a report earlier this month:
The lawsuit does not take a position on whether someone should receive the vaccine or not, only against Biden’s mandate, announced earlier this year and unveiled on Thursday morning. The mandate applies to all companies with 100 or more employees and forces those businesses to police the vaccine status of their employees. The Daily Wire, with over 100 employees, falls under the mandate.
The Daily Wire’s lawsuit seeks to overturn Biden’s executive action, arguing that the order is unconstitutional and that the Biden administration violated federal law in drafting it.
Jeremy Boreing, co-founder and co-CEO of The Daily Wire, explained the company’s decision, saying, “We’re not the enforcement arm of the federal government.”
“Forcing Americans to choose between their livelihoods and their freedom is a grotesque abuse of power and we won’t be a party to it,” Boreing added. “We will not incur the cost of implementing this testing regime. We will not incur the liability of inserting ourselves into the private health decisions and information of our employees. Our company was founded to stand against tyranny, and we will.”
This report has been updated to include additional information.