The Daily Wire’s “Do Not Comply” petition against President Joe Biden’s vaccine order for private employers hit one million signatures on Thursday morning.
The petition passed the benchmark as The Daily Wire prepares to take its case against Biden’s mandate, which would force large employers to vaccinate or regularly test their employees for COVID-19, to the Supreme Court. The court announced on Wednesday that it would hear oral arguments in the case on January 7.
The Daily Wire launched the petition shortly after suing the Biden administration on November 4, the same day that the Occupational Safety and Health Administration (OSHA) published roughly 500 pages-worth of rules and guidance on Biden’s vaccine order. The Daily Wire followed up OSHA’s rule just hours later with a lawsuit filed in the Sixth Circuit Court of Appeals. After the Sixth Circuit was picked by lottery to consolidate and hear numerous lawsuits over the order, The Daily Wire became the de facto lead in the case.
The Sixth Circuit lifted a stay on the order last week. The Daily Wire appealed the decision to The Supreme Court along with a petition for the high court to take up the lawsuit. Daily Wire co-founder and co-CEO Jeremy Boreing announced The Daily Wire’s latest legal filing in the latest episode of “Enough” released on Monday.
“Today, the Daily Wire is appealing to the Supreme Court of the United States,” Boreing said in a transcript published on The Daily Wire. “At question here isn’t whether or not the government has the right to enforce rules on its own employees. It’s whether or not unelected bureaucrats at OSHA have the right to coerce businesses into forcing PRIVATE employees to follow rules the government never had the right to impose in the first place. Joe Biden himself acknowledged he lacked this authority only a few months ago. But lacking authority, and even admitting to lacking authority, never stops democrats from forcing Americans to comply with their policies.”
“It’s hard to claim to be a free country when you can force businesses to force their employees to either violate their own consciences and inject themselves with drugs they do not wish to take, be discriminated against, or be fired,” Boreing continued. “At the end of the day, the government has the POWER to make us all comply, but they do not have the RIGHT to make us all comply. That’s why we must keep fighting.”
The Sixth Circuit’s decision to lift the stay was preceded by a vote denying The Daily Wire’s motion to hear the case en banc, or in front of the entire bench of judges on the Sixth Circuit. The court denied the motion in an 8-8 vote, publishing its opinion on December 16. Despite losing the vote, The Daily Wire’s case was supported by the court’s chief judge, Jeffrey Sutton, who wrote a lengthy dissent to the court’s decision ripping Biden’s order.
“Congress did not ‘clearly’ grant the Secretary of Labor authority to impose this vaccinate-or-test mandate,” Sutton wrote. He continued:
It is one thing to tell a worker to don a mask at the start of a hazard-filled shift and doff it at the end. It is quite another to tell a worker to vaccinate on the basis of a risk that exists whether he is on the clock or off and that amounts to a medical procedure that cannot be removed at the end of the shift. Confirming the point, the Secretary of Labor has never imposed a vaccine mandate or for that matter a vaccinate-or-test mandate on American workers. The [Occupational Safety and Health Act] does not clearly give the Secretary power to regulate all health risks and all new health hazards, largely through off-site medical procedures, so long as the individual goes to work and may face the hazard in the course of the workday.
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