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Biden Just Can’t Win with the Supreme Court

In a series of dramatic judicial confrontations, the Supreme Court has given President Biden failure after failure.

The Biden administration’s most recent loss — a COVID-19 immunization mandate that would affect a large number of companies — may be the most agonizing yet.


The Unfortunate List

The Occupational Safety & Health Administration’s (OSHA) vaccine mandate for enterprises with 100 or more workers was halted by the Supreme Court on Thursday.

Despite Republican protests, Biden had been promoting the OSHA mandate as a flagship COVID-19 policy for months.

The court was one vote away from overturning the healthcare worker mandate as well, but conservative Chief Justice Roberts, as well as Justice Kavanaugh, sided with their liberal counterparts and permitted the requirement to take effect.

Biden’s inability to achieve his much-touted employer vaccination mandate was merely the latest setback in the Supreme Court.

In August 2021, the Supreme Court decided 6-3 to reject Biden’s eviction ban, with three liberal-leaning members dissenting.

After the federal ban expired in July 2021, the Biden government acknowledged it possessed the legal power to prolong this. The Centers for Disease Control and Prevention (CDC) announced a fresh ban in October that was supposed to expire.

Biden would’ve “overwhelmingly backed” a decision by the CDC to prolong its eviction ban further, White House press director Jen Psaki said in August.

Psaki also noted the Supreme Court ruled in June that the CDC could not give such an expansion without legislative consent. The CDC also rejected Biden’s proposal for a new 30-day eviction moratorium focused on areas with high infection rates, according to the White House.

The Supreme Court declared in the same month that the Biden government’s efforts to dismantle Trump’s “Remain in Mexico” program were illegal.

Trump Gets His Way Again

The “Remain in Mexico” policy, also known as the Migrant Protection Protocol (MPP), was implemented by the Trump administration in January 2019.

It sent migrants back to Mexico to await asylum proceedings, rather than retaining them in the United States.

The program was promoted at the time as a key component of the Trump administration’s efforts to eliminate “catch-and-release” and stem the flow of undocumented immigrants.

Critics say the strategy is inhumane, putting migrants in danger of abuse and violence in Mexico.

Following his election, Biden fought against the MPP and attempted to repeal it. However, his efforts were thwarted by federal appellate courts after being challenged by both Texas and Missouri.

In December, the Biden government petitioned the Supreme Court if it was compelled to maintain the Trump government’s actions. Meanwhile, following its setbacks in the lower courts, the administration intends to resume the Trump-era policies.

After all these defeats, how much longer will it be before Biden admits his agenda is dead?

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