The Daily Wire slammed the Biden administration in a legal filing Tuesday responding to the government’s request to lift a stay on federal COVID-19 vaccine and testing requirements for private businesses.
The Department of Justice (DOJ) filed a motion in the Sixth Circuit Court of Appeals on Tuesday requesting a stay on its November 4 COVID-19 order be lifted. The order would require private employers with 100 or more workers to ensure their employees are either vaccinated or tested regularly for COVID-19.
The Daily Wire filed its response to the DOJ, blasting the federal government over its “emergency motion.” The Daily Wire was joined by over a dozen cosigners.
“Just two days before Thanksgiving, the government seeks to unleash procedural chaos on the Court, the petitioners, and over 80 million individuals before the Court has even ruled on the en banc petitions or issued a comprehensive case management order,” The Daily Wire’s filing said. “And the government has done so by filing what is effectively a merits brief, with nearly 13,000 words, masquerading as an emergency motion.”
The Fifth Circuit stayed the Biden administration mandate days after it went into effect, citing “grave statutory and constitutional issues.” The entire case was later consolidated in the Sixth Circuit, where The Daily Wire was first to file a legal challenge against the federal order, effectively making The Daily Wire the lead plaintiff in the case.
“Indeed, the government’s request is nothing short of extraordinary. It asks this Court, in an emergency posture, to summarily dispense with a sister circuit’s cogent and carefully calibrated stay orders,” the filing continued, adding that the arguments the DOJ made in favor of lifting the stay had already been addressed by the court.
“The government asks this Court to disregard the Fifth Circuit’s order, after it had the full and fair opportunity to submit not one, but two responses to the court on November 8, 2021 and on November 10, 2021,” the filing said. “Needlessly rushing the Court to a decision in a compressed timeline is not the proper way to revisit a decision of a sister circuit, which has been entrusted to this Court’s care.”
The Daily Wire also said that the government’s request aims to “create procedural chaos” by skipping ahead of necessary procedural rulings and orders in the case.
The Daily Wire sued the federal government on November 4, hours after the Biden administration’s order was published. The Daily Wire also launched a petition for signees to express support for its lawsuit against Biden’s COVID-19 order against private business.
“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,” Daily Wire co-founder and co-CEO Jeremy Boreing said at the time. “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 Dhillon Law Group and Alliance Defending Freedom are representing The Daily Wire in the legal battle.