From Ben Shapiro <[email protected]>
Subject Our legal team just responded
Date December 9, 2021 6:31 PM
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Hey gang,

 

There’s been a development in our lawsuit against Biden’s authoritarian
vaccine mandate and I wanted you to hear about it directly from me.

 

Our legal team has filed our response to OSHA’s request to lift the temporary
stay on the vaccine mandate.  

 

If you recall, the Fifth Circuit Court of Appeals issued a temporary stay on
Biden’s garbage vaccine mandate following our lawsuit. The Biden administration
quickly filed a motion asking the court to allow the mandate to go into effect.

 

The court gave us the opportunity to file a response to the Biden
administration’s motion, which our legal team just did.

 

Now the court will decide who has the stronger argument, and our team is VERY
optimistic that the arguments we made will prevail.

 

Our filing made several arguments for why the court should uphold the
temporary stay preventing Biden’s vaccine mandate from going into effect:

* OSHA’s mandate violates the Constitution. The Biden administration claims
that the power to force vaccination can be found under the Commerce Clause of
the Constitution. Our filing cited a long list of legal precedents to show why
they are wrong.
* OSHA’s mandate violates federal law. Even if the Commerce Clause permitted
Congress to implement a national vaccination mandate, Congress did NOT delegate
that power to OSHA. The OSH Act empowered OSHA to protect employees from
workplace hazards, not dictate workers’ personal medical decisions outside of
the workplace.
* OSHA’s mandate is not based in medical science. Our filing included dozens
of pages of sworn testimony from medical experts, providing mountains of
evidence to show that OSHA’s vaccine mandate is NOT based in science.For
example, OSHA refuses to acknowledge the millions of Americans with
naturally-acquired immunity, which studies indicate may be stronger and
longer-lasting than protection offered by the vaccines.
On all three of these points, the Biden administration doesn’t have a leg to
stand on. But now we wait to see how the court rules.

 

I’ll let you know as soon as the court makes its ruling. We don’t know when
that will be, but I wouldn’t be surprised if they made their decision in the
next week or two.

 

In the meantime, can I ask you for a personal favor?

 

We’re trying to collect as many signatures as possible for our DO NOT COMPLY
petition.Will you please sign our petition saying you will not comply with
Biden’s vaccine mandate? <[link removed]>

 

We’re nearly 3/4ths of the way to our goal of reaching ONE MILLION signatures,
butwe need your help to cross the finish line
<[link removed]>.

 

Having one million Americans standing strong against this authoritarian
garbage would send a powerful message and give a tremendous boost to our legal
challenge.

 

Thank you for supporting us in this fight. This lawsuit is the most important
thing The Daily Wire has ever done, and your support remains crucial.

 

Gratefully,

 

Ben Shapiro

 

P.S. Let me be frank with you: litigation on this scale is incredibly
expensive. We have teams of lawyers building up our case by identifying legal
precedents to question OSHA’s authority to issue this mandate. We have medical
experts compiling all the best data to prove the vaccine mandate is not
justified. All of this takes massive resources.Will you support our lawsuit by
becoming a Daily Wire member today? <[link removed]> There
is no way The Daily Wire would be in a position to wage this fight without the
support of our amazing members. Please consider joining today to propel us all
the way to the Supreme Court.You can join for as little as $4 a month.
<[link removed]> Thank you.
 
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