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Fifth Circuit Slams Zhou Regime's Mandate

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Posted By: earlybird, 11/13/2021 3:35:33 PM

While much of the attention of the nation remains on the Kyle Rittenhouse trial, there is good news from the frontline of the battle against the Covid Regime. The Fifth Circuit Court of Appeals has reaffirmed it’s stay on the Mandate. Such stays are issued when it appears that the petitioners are likely to succeed on the merits of their case. In the 21 page opinion—which you can read here—the Court explains exactly why they think the petitioners will succeed. What I’ve done below is provide excerpts from the opinion, basically from the introduction to the detailed legal analysis.

Comments:

Wauck gives us a readable, understandable read of the important parts of the Court’s ruling. The court showed extreme contempt for what Biden & Co have tried to pull off as a “work-around” in their relentless press to control the population re the vax mandate. Wauck views this as a very important action with lasting implications… Because we seldom get a lawyer’s interpretation of what a Court is doing and its importance, I recommend this article.

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Reply 1 - Posted by: Fasteddie 11/13/2021 3:49:06 PM (No. 976553)
It's nice to see that there are still some sane judges in our court system -- only problem is that there aren't enough of them. Oh, and it's another problem that the current Administration simply ignores court rulings that it doesn't like.
13 people like this.

Reply 2 - Posted by: chumley 11/13/2021 5:11:42 PM (No. 976586)
This is good news. Soon the millions of people who have been forced to get the poison shot or lose their jobs can get un-shot.
4 people like this.

Reply 3 - Posted by: DVC 11/13/2021 5:33:11 PM (No. 976599)
The judges were pretty harsh in their criticism, and rightly so. If the DC totalitarians want to continue to fight, they can petition for an enbanc hearing of the entire 5th Circuit. Or they can ask the Supreme Court to take the case. Alito is the gatekeeper for the 5th Circult, and I don't expect that he would see anything wrong with the Appeals Court ruling in this situation. I'm not sure if he can block it by himself, but I think that is the case. If that is correct, there seems little chance that the Supreme Court will even take this case. Unless there is an enbanc hearing, and it overturns this stay, this is pretty likely to be the end of the road for this mandate. Thank goodness.
6 people like this.

Reply 4 - Posted by: DVC 11/13/2021 5:34:36 PM (No. 976603)
Re: and enbanc hearing, from cornel law web site: "An en banc hearing or rehearing is not favored and ordinarily will not be ordered unless: (1) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or (2) the proceeding involves a question of exceptional importance. (b) Petition for Hearing or Rehearing En Banc. A party may petition for a hearing or rehearing en banc. (1) The petition must begin with a statement that either: (A) the panel decision conflicts with a decision of the United States Supreme Court or of the court to which the petition is addressed (with citation to the conflicting case or cases) and consideration by the full court is therefore necessary to secure and maintain uniformity of the court's decisions; or (B) the proceeding involves one or more questions of exceptional importance, each of which must be concisely stated; for example, a petition may assert that a proceeding presents a question of exceptional importance if it involves an issue on which the panel decision conflicts with the authoritative decisions of other United States Courts of Appeals that have addressed the issue." I would love to hear a discussion of this by a lawyer familiar with this situation.
6 people like this.

Reply 5 - Posted by: DVC 11/13/2021 5:35:48 PM (No. 976604)
stopping italics.
2 people like this.

Reply 6 - Posted by: Lawsy0 11/13/2021 6:35:37 PM (No. 976649)
Hear! Hear!
3 people like this.

Reply 7 - Posted by: mc squared 11/13/2021 7:15:08 PM (No. 976679)
As if I wrote it but far more eloquently. Unelected agencies have FAR to much influence.
2 people like this.

Reply 8 - Posted by: dickiedeeb 11/13/2021 9:36:04 PM (No. 976732)
It doesnt matter The rule of law is dead the agenda of destruction proceeds unabated Be there judges or no judges courts or no courts and either way the supremes will fold
0 people like this.

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