Turley said the court rulings have amounted to “quite a litany of losses” as the Democratic president issues his responses to the omicron variant and other issues related to the coronavirus.
JONATHAN TURLEY: It’s been a remarkably bad run for the White House. They’ve racked up a number of losses in notably different areas.
These are mandates related to federal contractors, also a mandate with regard to Medicare, dealing with facilities, and then of course the big OSHA ruling, and all of those courts said that they don’t see at the preliminary injunction stage, the clear authority for the government to do what it did.
De hecho, the Fifth Circuit cited Biden’s own chief of staff, Ron Klain, who really was ill-advised when cited or retweeted a statement that this was all ‘a workaround’ – that it acknowledged that they didn’t have constitutional authority to do this directly, so Klain retweeted that ‘we found a workaround.’
Bien, the Fifth Circuit cited that. Courts don’t take to workarounds in the Constitution. They like to see direct authority — and many of the problems that they’ve encountered have been an effort to avoid notice and comment.
They used an emergency provision under OSHA that allowed them to skip that. Another court found that to be also a problem in another mandate.
So there’s a host of issues here that courts are flagging and they’re really racking up quite a litany of losses.
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