From Mark Meuser <[email protected]>
Subject An update on our lawsuit
Date November 16, 2021 9:03 PM
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Mark Meuser for United State Senate The 5th Circuit entered not one but two
injunctions stopping the enforcement of the vaccine mandate.


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Fellow American,

I am following up on my email from last week because I wanted to ensure that
you knew all the details about the 5th Circuit's order protecting your
constitutional rights. The 5th Circuit boldly and clearly told Biden that he
has no authority to mandate American employers become the vaccine police if
they have 100+ employees.

The 5th Circuit entered not one but two injunctions stopping the enforcement
of the vaccine mandate. The first temporary injunction was issued on November
6th because the Court thought the OSHA mandate was most likely
unconstitutional. It asked Biden to attempt to explain why the OSHA mandate was
not unconstitutional. Last Friday, after receiving arguments from Biden, the
Court entered a preliminary injunction.

As you may remember, my firm filed a similar lawsuit in the 6th Circuit to
stop Biden's vaccine mandate. Last week, my firm decided to write an amicus
brief(friend of the Court) to the 5th Circuit on behalf of our client to
educate the 5th Circuit on the additional arguments we raised in the 6th
Circuit that would help the 5th Circuit in making its decision.

Our amicus brief argued that Congress never gave OSHA the authority to
regulate infectious diseases in American workers. They only had the authority
to regulate workplace hazards. We continued by showing the 5th Circuit that
Congress and OSHA do not have the power to require vaccine mandates because
this power under the Constitution is considered a police power.

That power is reserved for the states. Finally, we argued that the vaccine
mandate was unconstitutional because of the arbitrary nature of 100 employees.
Why is it safe for 99 employees to work in a small office space but not safe
for 100 employees who work as delivery drivers?

When the 5th Circuit entered its preliminary injunction on Friday night, it
agreed with all the arguments that we had made.This is a major victory for the
American people and the Constitution.

 HELP MARK WIN THIS RACE
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So what is next? When businesses challenge a regulation propounded by OSHA,
the Court takes all the cases that are filed within the first ten days and
randomly draws one of them and makes it the lead case. All the other cases will
be joined to that one case, and that Court will hold one consolidated hearing.
This consolidated Court will hear expert testimony and make a final decision on
whether the preliminary injunction will be made permanent.

We do not expect the consolidated Court to hear evidence on this OSHA mandate
until January or February next year. In the meantime, Biden will not be allowed
to require businesses to become the vaccine police.

It does not matter if you are pro-vaccine or anti-vaccine. All Americans
should be appalled at the blatant violation of our fundamental freedoms of
Biden and this vaccine mandate.The Biden administration knew that this vaccine
mandate was unconstitutional. Still, they pushed their socialist agenda anyways
because it is clear that they want to destroy your constitutional rights.

I cannot stand by and watch the trampling of our constitutional rights
because Biden thinks he is above the law. This is why I've stood up and
volunteered to represent you in the U.S. Senate. We need to take my fight for
your constitutional rights from the courthouse to the U.S. Capitol.

Can you take a moment to make a $5 or $10 contribution to my campaign for
U.S. Senate?

Here is a secure link to donate: www.MarkMeuser.com/donate
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Thank you Fellow American,

Mark Meuser
Republican for U.S. Senate, California

 HELP MARK WIN THIS RACE
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