Spider-Man Scales Iconic Darling Harbour Attractions To Celebrate Release of SPIDER-MAN: No Way Home SYDNEY, AUSTRALIA - DECEMBER 16: A Spider-Man wax figure is seen in Madame Tussauds in Darling Harbour to celebrate the release of SPIDER-MAN: No Way Home on December 16, 2021 in Sydney, Australia. (Photo by Don Arnold/Getty Images) Don Arnold / Contributor
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Court Reinstates Biden’s Vaccine Mandate

It’s Tuesday, December 21st, and this is your Morning Wire. Listen to the full podcast:

1) Court Reinstates Biden’s Vaccine Mandate

The Topline: A federal court of appeals lifted the stay on President Joe Biden’s vaccine mandate for private employers, which has the potential to impact around 85 million Americans.

Ake Ngiamsanguan/Getty Images

The Courts

On Friday, the 6th Circuit Court of Appeals — where The Daily Wire filed its lawsuit and where all the cases from around the country were consolidated — lifted the 5th Circuit’s stay which had blocked enforcement of Biden’s vaccine mandate. The mandate is now allowed to progress as if it will go into effect in January. 

The ruling is a setback for those fighting the mandate, but is not a permanent defeat. It was also surprising to some because the 6th Circuit did not show any deference to its sister circuit’s previous order, and the 6th Circuit is known for being more conservative. In this case, however, the judge who drafted the opinion is an Obama appointee. 

The order said the courts must defer to OSHA’s ‘scientific analysis’ and ruled that none of the legal or constitutional challenges have merit. 

What It Means: Companies will now have to comply with the mandate unless the Supreme Court intervenes. Dozens of parties, including The Daily Wire, have already appealed the decision and/or filed emergency motions for the Supreme Court to stay the mandate.

The appeals go to Justice Brett Kavanaugh, who already set a deadline of 4p.m. on December 30th for the administration to respond. If the court chooses to intervene, that will most likely happen in the first week of the new year. 

The Dissent

Apart from casting doubt on OSHA’s power to issue such a sweeping mandate, the dissent focused on whether or not the OSHA mandate is “necessary.” 

In order for OSHA to issue an emergency rule like this, it has to show that it is necessary to prevent a grave danger. The order interpreted “necessary” to mean reasonably needful, but the dissent argued that is the standard for a regular OSHA regulation, not one that bypasses ordinary procedure for an emergency, and that “necessary” actually means the mandate has to be indispensable to achieving OSHA’s goal.

The Daily Wire: In a brief to the Supreme Court yesterday, The Daily Wire argued that the data doesn’t support the notion that a vaccine mandate will accomplish the government’s goal of preventing transmissions. The brief also points out to the Court that the mandate’s 100-employee rule is arbitrary and nonsensical.

Chip Somodevilla/Staff/Getty Images

2) White House Doubles Down On Pressuring Unvaccinated 

The Topline: As COVID cases climb nationwide, the White House is telling unvaccinated Americans to get the shot, or prepare for a ‘winter of death.’ 

Quote Of The Day: “For [the] unvaccinated, we are looking at a winter of severe illness and death… for themselves, their families and the hospitals they’ll soon overwhelm. But, there’s good news. If you’re vaccinated and have your booster shot, you’re protected from severe illness and death.”

– President Joe Biden 

Shift In Messaging

When the vaccine was first being developed, President Biden took a positive approach, touting its effectiveness and incentivizing people to get the shot with free beer, cash prizes, and complimentary childcare. 

As time went on and millions of Americans remained unvaccinated, the message started to shift from attempting to convince the unvaccinated, to trying to pressure them. 

In September, Biden announced the federal vaccine mandate, as well as the mandate for employers with more than 100 workers. On the day of that announcement, he said “We’ve been patient. But our patience is wearing thin, and your refusal has cost all of us.” This week, he went a step further, saying the unvaccinated faced a winter of death. 

COVID 

Over the last month, hospitalizations are up 45% and the rolling weekly average on new cases is now over 125,000, though total deaths are still much lower than they were at their peak. 

President Biden and Dr. Anthony Fauci have both been sounding the alarm for weeks that America’s hospitals are about to be overwhelmed and that the holiday season will lead to mass transmission of the Omicron variant. However, detractors have said every available study so far suggests that even though Omicron is quite contagious, it’s far more mild than the Delta variant and has yet to kill anyone in America.

Emma McIntyre/Staff/Getty Images

3) Spider-Man Revives Box Office 

The Topline: “Spider-Man: No Way Home” scored massive box office numbers this weekend, breaking pre-pandemic records. 

Theater Comeback

“Spider-Man: No Way Home” earned more money in three days than any other pandemic-era movie brought in over their entire theatrical runs.

It had the number two opening weekend of all time, but its performance was equally stunning on an international level. Globally, it had the third highest opening weekend of all time, but “Spider-Man” achieved this without China, the world’s largest film market. The two higher movies both had Chinese releases.

Potential Reasons

Marvel head Kevin Feige has given several interviews lately stressing that Marvel will be introducing more LGBT representation. Both “Black Widow” and “Eternals” were heavily promoted with an emphasis on identity politics. 

However, “Spider-Man” did not go in a politically Left direction. The movie celebrated the Spider-Man fans knew as a child. One of the main themes of the movie was anti-cancel culture. The movie positively champions the idea of redemption and second chances.

Kevin Dietsch/Staff/Getty Images

Other Stories We’re Tracking

Kevin McCarthy

House Minority Leader Kevin McCarthy is making plans to start at least seven investigations into the Biden administration if Republicans win the majority in the midterms. Among the issues McCarthy plans to investigate are decisions behind the Afghanistan withdrawal, CDC communications about school closures and mask mandates, and the record levels of illegal immigration under Biden. 

Ryanair CEO Vaccination Comments

The CEO of the airline Ryanair, said people shouldn’t be able to fly if they’re not vaccinated against COVID-19. CEO Michael O’Leary said unvaccinated people “shouldn’t be allowed in the hospital, you shouldn’t be allowed to fly, you shouldn’t be allowed on the London Underground, and you shouldn’t be allowed in the local supermarket or your pharmacy either…”

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