ANALYSIS: ACLJ Takes Emergency Action At The Supreme Court Over Biden’s Unconstitutional Mandate


Jordan Sekulow


December 21, 2021

We told you about President Biden’s unconstitutional vaccine mandate for employers of 100 or more employees. The Sixth Circuit Court of Appeals issued a ruling on Friday to reinstate the mandate, siding with the Biden Administration. We immediately filed an emergency application for Stay of Agency Action Pending Judicial Review and Petition for a Writ of Certiorari Before Judgement on behalf of the Heritage Foundation on Saturday. We have worked tirelessly through the weekend to fight this federal takeover.

We stated in our emergency brief what this mandate would mean for employees and employers:

If upheld, the vaccine mandate will fundamentally change the relationship between employer and employee by forcing employers to compel and regulate the personal medical decisions of their employees. The vaccine mandate will also impose significant financial and other burdens on private employers and result in predictable economic chaos.

This was a monumental effort by our legal team to respond so quickly to the Sixth Circuit’s decision. ACLJ Senior Counsel Andy Ekonomou discussed the effort by the ACLJ team:

It was an effort that was put forward by a lot of lawyers working many hard hours. . . . Looking at even commas, colons, and periods and whether or not we had the adequate sources cited in the case and the brief. Those are the important little things, but it makes a difference between a good brief and a mediocre brief. And I think we filed an outstanding product on behalf of our client and the Supreme Court of the United States. We will see what happens.

ACLJ Director of Policy Harry Hutchison discussed the economic uncertainty that would come with this mandate:

Employers will doubtlessly lose some employees with the respect to the full implementation of this mandate. Number two, it will likely expand what is called the underground economy. In other words, it might be legal activity, but it will be off the books. It may or may not influence the rise of independent contractors who actually deliver services to employers. . . . So, there are a lot of uncertainties out there.

Our case is officially docketed, and the Supreme Court has ordered the Biden Administration’s response by December 30th.

The federal vaccine mandate is not the only item on the Biden Administration’s agenda that is receiving push back. The Build Back Better plan is not going to happen either after Senator Joe Manchin admitted the Democrats will not get his vote on this bill. In a 50-50 Senate, his vote was crucial to get the bill passed.

We will keep fighting the Biden Administration every step of the way when it comes to our constitutional rights and will update you with more information as it comes.

Today’s full Sekulow broadcast is complete with even more analysis of our legal action against Biden’s federal vaccine mandate at the Supreme Court and the Build Back Better plan.

Watch the full broadcast below.

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