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White House Chief of Staff Ron Klain took a victory lap on September 9, 2021 after Biden announced he was going to use OSHA to impose a vaccine mandate on the country.
The rule orders companies with more than 100 employees to require their workers to be vaccinated or tested weekly.
On November 12, 2021 the 5th US Circuit Court of Appeals upheld the stay on the mandate citing it is “fatally flawed,” an inappropriate one size fits all approach, and before being enforced requires a “adequate judicial review.”
The 22 page ruling also included a foot note of a social media post made by Klain.
After the Biden announcement Klain reposted a message from MSNBC anchor Stephanie Ruhle who wrote that the OSHA rule was a “work around.” Meaning the Biden administration was using OSHA to impose a mandate that would otherwise be unconstitutional.