5th Circuit Court of Appeals rules against Biden Vaccine Mandate
(citizenfreepress.com)
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I think the idea is more that Biden knew this was unconstitutional from the get-go and enacted it with the expectation that it would likely be struck down in court.
I think this is entirely plausible. When COVID inevitably does get worse due to winter, Biden and his handlers can blame it on the law being struck down. Meanwhile many if not most large employers already comply with the mandate, which may have been the point all along.
The tests aren't even accurate.
It was pretty clearly a strategy to get medium and large businesses to implement vax mandates and have the built in excuse of the government was going to make them. If he ended up getting shit on in court most companies would probably end up doing it anyway.