It’s Monday, November 15th, and this is your Morning Wire. Listen to the full podcast:
1) U.S. Court of Appeals Blocks Biden Vaccine Mandate
The Topline: A U.S. Court of Appeals has blocked the Biden Administration’s vaccine mandate for employers with 100 or more employees, calling it “fatally flawed.”
Quote Of The Day: “For the time being, the mandate is dead in the water. The administration has to try to convince the court that the stay needs to be lifted. And based on the court’s opinions in this order, that’s going to be a heavy lift.”
– Daily Wire general counsel Josh Herr
Drew Angerer/Staff/Getty Images
The Mandate
On Friday, the 5th Circuit Court of Appeals dealt a major blow to the Biden administration’s vaccine mandate for all employers with 100 or more employees. The order, issued by OSHA, forces companies to mandate vaccines or implement frequent testing for employees, and would impact some 85 million Americans. But the court says it cannot move forward, calling the rule a “staggering overreach.” The court’s decision follows several states and companies, including The Daily Wire, filing lawsuits in multiple districts.
The Ruling
Daily Wire general counsel Josh Herr told Morning Wire this is a fairly significant victory for the businesses that were at risk of being fined potentially millions of dollars a week if they refused to fire employees who didn’t share their personal medical information with their employer.
The court said the rule is likely unconstitutional, and ruled the Occupational Safety and Health Act, which created OSHA, was not intended to make sweeping pronouncements of public health affecting every member of society.
The court also said even if Congress wanted to, it probably could not implement a mandate like this because it doesn’t have the power to do so under the Constitution’s commerce clause.
It ruled that even on its own terms, the mandate was staggeringly, overbroad, arbitrary, and capricious.
The ruling also said that the mandate flunks a cost benefit test and violates the constitutional structure that safeguards collective Liberty, calling the mandate a rare government pronouncement that is both overinclusive and under inclusive.
Pavlo Gonchar/SOPA Images/Contributor/LightRocket via Getty Images
2) The Latest COVID Updates
The Topline: Tensions over government policy on COVID continue to rise, despite cases declining in many areas of the country and new, remarkably effective treatments becoming more widely available.
Quote Of The Day: “We’ve got to get back to normal and restore the human connection. No one should be dying of COVID right now, nobody.”
– Dr. Marty Makary, professor at Johns Hopkins School of Medicine
The Endemic Phase
Dr. Marty Makary, a professor at Johns Hopkins School of Medicine, told Morning Wire America is about to move into the endemic phase of COVID, meaning the virus will circulate at low levels for a long time.
Vaccines And Treatment
Makary said the effectiveness of the Moderna and Pfizer COVID vaccines appear to taper off over time.
Only 1500 children have been studied in the 5 to 11 age bracket, and Makary said the vaccines can be helpful in preventing COVID for a kid who has a risk factor. Makary said there’s no scientific basis for vaccinating somebody with natural immunity, noting how studies out of Israel show that on a population level, natural immunity is 27 times more effective than vaccinated immunity.
He said Merck’s new drug and Pfizer’s new drug are very effective, and once approved, will essentially mark the endemic phase of COVID.
Chelsea Guglielmino/Contributor/Getty Images
3) Britney Spears’ Conservatorship Ends
The Topline: After 13 years, Britney Spears’ conservatorship came to an end on Friday after a long and public court battle.
Quote Of The Day: “I’m so pleased and proud to say Jamie Spears is no longer a conservator. Jamie Spears has been suspended and he will be formally removed shortly.”
– Britney Spears’ attorney, former prosecutor Mathew Rosengart
Conservatorship
Beginning in 2007, Britney Spears began behaving erratically, and in 2008, she was twice admitted to psychiatric hospitals for evaluations. Around then, a court established a temporary conservatorship controlled by her father, Jamie Spears.
It included control over her estimated $60 million estate and granted decision-making powers over her as a person.
This kind of arrangement is typically for those who have dementia or psychiatric disorders.
During those 13 years, Spears released three albums and had a long-running and very profitable Las Vegas show.
In recent years, many began to question whether her father had a financial motive.
Public Involvement
In February, The New York Times released a documentary titled, “Framing Britney Spears,” which brought Britney’s plight and the “Free Britney” movement into focus.
At a hearing this past summer, Spears provided emotional testimony and the public was able to see a transcript of the hearing for the first time.
She claimed her father and his team forced her to wear an IUD to prevent her from having any more children.
Shortly after the hearing, the judge allowed Spears to choose her own attorney to represent her.
Her attorney, former prosecutor Mathew Rosengart, aggressively moved to have Jamie Spears suspended as conservator and waged war in the press while initiating investigations into alleged abuse.
Is Britney Free?
Rosengart is saying Spears’ legal battle will continue. He filed a 110-page petition last month requesting to depose Jamie Spears. He’s claiming Britney’s father illegally placed secret recording devices in her bedroom to spy on her without her consent.
Political Point: Senators like Elizabeth Warren (D-MA) and Ted Cruz (R-TX) are calling to re-examine conservatorships.