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A Scandal for Every Month: The Biggest Botches, Failures, And Mess-Ups of Joe Biden’s First 12 Months in Office


REPORTED BY: ELLE REYNOLDS | JANUARY 20, 2022

Read more at https://thefederalist.com/2022/01/20/a-scandal-for-every-month-the-biggest-botches-failures-and-mess-ups-of-joe-bidens-first-12-months-in-office/

Joe Biden in his office

Joe Biden has been in the Oval Office (or that weird set in the Eisenhower building’s South Court auditorium with the greenscreen windows) for a year now, and he’s already managed to make his short presidency known for a long line-up of scandals, botches, and slip-ups.

It’s too hard to narrow the list down to one top failure, although his disgracefully handled Afghanistan withdrawal may be the most sobering and inflation may be the one that played the biggest role in Biden’s tanking approval ratings. Even though Biden’s mess-ups tally up to far more than 12, it’s not hard to remember a Biden-enabled disaster for every month of the septuagenarian’s first year at the stern … or in the basement.

January: Biden’s Radical First Week

On his first day in office, President Joe Biden signed a list of radically left-wing executive orders, including an order requiring that schools must ignore the biological differences between male and female students from the athletic field to the bathroom if they wish to continue receiving federal funding. In Biden’s first week, Press Secretary Jen Psaki also signaled the administration’s plans to reinstate federal funding for abortions around the world with the reversal of the Mexico City policy, and the new president canceled the Keystone XL pipeline.

As Tristan Justice reported at the time, “Biden’s first 48 hours in office have launched the new administration with 17 executive orders, more than were issued in the first month of their presidencies by Donald Trump, Barack Obama, George W. Bush, and Bill Clinton combined.”

February: Biden’s CDC Worked to Keep Schools Closed

In February, Biden’s Centers for Disease Control and Prevention announced strict reopening guidelines that would keep many schools around the country shut down. “Only K-12 schools in cities and areas with low or moderate virus transmission can fully reopen for in-person learning, as long as physical distancing and mask-wearing is enforced,” Jordan Boyd reported on Feb. 12. “Any transmission rate beyond what is designated as moderate requires hybrid learning or ‘reduced attendance,’ limiting which children are allowed in the classroom at the same time.”

On the same day, CDC Director Rochelle Walensky admitted that far-left teachers unions that have worked to keep students out of school buildings over the course of the Covid pandemic had influence when the CDC created its school reopening guidelines.

March: Working With Corporations to Create Vax Passports

As The Washington Post first reported, the Biden White House spent the month of March plotting with corporations to develop a “vaccine passport” system to force Americans to show their Covid papers in order to participate fully in society. “The passports are expected to be free and available through applications for smartphones, which could display a scannable code similar to an airline boarding pass,” the Post noted.

April: Biden Debuts Radical Social Spending Plan

At the end of April, Biden announced his “American Families Plan,” a list of far-left spending priorities, many of which would become hallmarks of his struggling Build Back Bankrupt agenda. The goals of the proposed $1.8 trillion spending spree included extending government schooling fully into preschool and two years of taxpayer-provided community college.

May: More Unsavory Hunter Exploits Emerge

Scandal follows President Biden’s troubled son Hunter around, as the country learned when the New York Post published damning information recovered from a laptop the younger Biden allegedly left at a repair store in late 2020. But further revelations about Hunter’s exploits emerged in May of last year, adding to the pile of unsavory behavior that may implicate the president himself.

New emails from Hunter Biden’s suspected laptop published on May 26 by the Post show that Joe Biden “met with Ukrainian, Russian and Kazakhstani business associates of his son’s at a dinner in Washington, DC, while he was vice president” in April 2015.

“Dear Hunter, thank you for inviting me to DC and giving an opportunity to meet your father and spent some time together,” wrote executive Vadym Pozharskyi of the Ukrainian energy company Burisma, where Hunter sat on the board.

Other emails published by The Daily Mail in May revealed that Hunter Biden bragged he “smoked crack with [former D.C. Mayor] Marion Barry” when he was a student at Georgetown University.

June: Record-Setting Crisis at the Southern Border

Biden’s crisis at the Southern border has been setting records all year, but it was in June that apprehensions surged past 1 million for fiscal year 2021 and border crossings were at the highest levels since 2006. In May alone, “170,000 people were captured, marking a 20-year high,” Gabe Kaminsky reported at the time. June also saw the border state of Texas declare an emergency over Biden’s border crisis, which the president helped cause by reversing Trump-era stances like the “Remain in Mexico” policy.

As the crisis raged, Biden’s border czar Vice President Kamala Harris couldn’t be bothered to visit the actual U.S.-Mexico line, snapping “I haven’t been to Europe” when reporters pressed her on the topic. She finally caved and scheduled a trip, but only after former President Donald Trump announced his plans to visit.

July: Bragging about Working with Big Tech to Silence Dissent

In July, the Biden administration bragged about colluding with Big Tech to shut down perspectives with which the regime disagreed. In a press briefing on July 15, Psaki touted the administration’s policy of “flagging problematic posts for Facebook that spread disinformation.” A few days later, Psaki admitted there was nothing “off the table” in the effort to smear dissent as “misinformation” and have it removed from social media.

August: Bungled Afghanistan Withdrawal

August saw the largest-scale disaster on Biden’s watch so far, when the administration’s disorganized withdrawal from Afghanistan left 13 American service members dead and thousands of American citizens and allies stranded under Taliban control.

From the administration’s decision to vacate Bagram Air Base before evacuating Americans from the country, to leaving weapons and equipment to fall into the hands of the Taliban, to Biden taking an out-of-touch, hollow victory lap after the service members’ deaths and while Americans remained stranded, to the administration’s ongoing decision to ignore the allies still behind enemy lines, every action taken by the Biden team was a disaster. In the same month, the administration carried out a drone strike targeted at ISIS operatives that actually killed at least 10 civilians, seven of whom were children.

Americans won’t soon forget the harrowing images of desperate people trampling each other in the chaotic race to the Kabul airport, of people clinging to aircraft landing gear and falling helpless from the sky, or of a lone helicopter leaving the roof of the American embassy. There is blood on Biden’s hands, and our allies won’t soon forget it either.

September: Biden Lies to Undermine His Own Border Patrol Agents

After a photo of U.S. Border Patrol agents on horseback was misconstrued by Democrats and their media allies to falsely accuse agents of “whipping” criminals, Biden promised to make his own CBP employees “pay” and the White House banned agents in Del Rio, Texas from using horses going forward.

“It was horrible to see. To see people treated like they did. Horses running them over people being strapped. It’s outrageous,” Biden claimed, even though the photographer who took the viral photo insisted he’d “never seen them whip anyone.”

October: Biden’s Ed Secretary, DOJ Collude with NSBA to Smear Parents as Domestic Terrorists

On Sept. 29, the National School Boards Association sent a letter to the White House asking Biden to use the FBI and other federal law enforcement to target parents using terrorism laws. A few days later on Oct. 4, in response to the letter, Attorney General Merrick Garland directed the FBI and federal attorneys to investigate and address “a disturbing spike in harassment, intimidation, and threats of violence against school administrators, board members, teachers, and staff.”

As it turns out, however, Biden’s own Education Secretary Miguel Cardona appears to have secretly requested the letter from NSBA, presumably to use as a pretense for the administration’s push to target parents unhappy with public schools’ closures, mask mandates, and extremist LGBT and critical race theory curricula.

November: That Tyrannical, Unconstitutional OSHA Vax Mandate

After issuing a September press release threatening a vaccine mandate for private businesses with 100 or more employees, Biden’s Occupational Safety and Health Administration (OSHA) released an emergency temporary standard on Nov. 4 that would require businesses to comply by Jan. 4 or incur fines of up to $14,000 per violation.

The Supreme Court struck this down in January, of course, and the Biden administration knew it was flagrantly unconstitutional all along — but exploiting the delays of the judicial system allowed the administration to bully many corporations into compliance anyway. Never mind the fact that the Biden administration had promised during the campaign that it wouldn’t mandate the Covid vaccine.

December: Supply Chain and Inflation Nightmare

December saw the climax (so far) of Biden’s joint inflation and supply chain crisis, dually caused by the administration’s radical spending and Democrats’ Covid lockdowns. As Americans faced shortages and shipping delays during their Christmas shopping, the Department of Labor released its November figures revealing 6.8 percent year-to-year inflation, or “the largest 12-month increase since the period ending June 1982.”

December’s inflation numbers were even higher, clocking in at 7 percent.

Bonus: January 2022: Compared Filibuster Defenders to George Wallace, Jefferson Davis

In a Jan. 11 speech urging the U.S. Senate to ditch filibuster rules in order to pass his radical and unconstitutional federalization of election laws, President Biden compared his agenda’s critics — which include Democrat Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona — to former Alabama Gov. George Wallace and Confederate leader Jefferson Davis.

“Do you want to be the side of Dr. King or George Wallace? Do you want to be the side of John Lewis or Bull Connor? Do you want to be the side of Abraham Lincoln or Jefferson Davis?” Biden said. Comparing his critics to notorious segregationists isn’t a good way to start year two of the Biden era.

Who knows what new scandals and embarrassments await the Biden administration in 2022? For the sake of the country, we can hope for fewer than in 2021, but it’s clear the administration has a failed track record only one year in.


Elle Reynolds is an assistant editor at The Federalist, and received her B.A. in government from Patrick Henry College with a minor in journalism. You can follow her work on Twitter at @_etreynolds.

Biden’s Vaccine Mandate Is Outrageously Unconstitutional. Why Couldn’t Lawyers Make That Argument To The Supreme Court?


Posted BY: MARGOT CLEVELAND | JANUARY 10, 2022

Read more at https://www.conservativereview.com/bidens-vaccine-mandate-is-outrageously-unconstitutional-why-couldnt-lawyers-make-that-argument-to-the-supreme-court-2656327300.html/

U.S. supreme court at twilight

All the petitioners needed was for the Supreme Court to enter a stay to prevent the Occupational Safety and Health Administration vaccination rule from taking effect, but, truly, was it too much to ask for a defense of limited government, separation of powers, and federalism?

Apparently so, because on Friday, over more than two hours of argument in National Federation of Independent Business v. Department of Labor, lawyers pushing the Supreme Court to delay the regulation circled and sidled rather than state clearly that the rule, OSHA, the Biden administration, and the entire federal government represented a mockery of our constitutional order.

On November 5, 2021, OSHA issued the rule under review, framing it as an “Emergency Temporary Standard” or ETS. The ETS required all employers of 100 or more employees to “develop, implement, and enforce a mandatory COVID-19 vaccination policy,” which required employees to either be fully vaccinated or submit to weekly COVID-19 testing and to wear face coverings at work.

Congress authorized OSHA to issue “an emergency temporary standard to take immediate effect,” and without the traditional notice-and-comment process, if it “determines (A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (B) that such emergency standard is necessary to protect employees from such danger.”

Massive Overreach Immediately Challenged in Court

The ETS was immediately challenged by individual Americans, religious groups, covered employers, states, and trade organizations, with the cases filed directly in federal courts of appeals throughout the country, bypassing the federal trial courts pursuant to the statute that authorized emergency rules.

The Fifth Circuit Court of Appeals acted first, issuing a stay on November 6, 2021, preventing enforcement of the rule pending briefing. Less than a week later, a three-judge panel of the Fifth Circuit—consisting of Ronald Reagan appointee Judge Edith Jones and two Donald Trump appointees, Judges Kyle Duncan and Kurt Engelhardt—issued an opinion holding that the ETS remain stayed “pending adequate judicial review” of the lawsuit challenging the OSHA rule.

The 21-page opinion, authored by Judge Engelhardt, analyzed the request for a stay and concluded that, for numerous reasons, the petitioners had a strong likelihood to succeed on the merits of their challenge and that without a stay the businesses and other petitioners would suffer irreparable injury.

Shortly after the Fifth Circuit issued its decision, pursuant to the procedures controlling when multiple lawsuits are filed challenging an ETS, all of the cases throughout the various federal circuits were consolidated and assigned by lottery to the Sixth Circuit Court of Appeals. Then, on December 17, 2021, the Sixth Circuit vacated the stay entered by the Fifth Circuit.

Sixth Circuit Deadlocks

Judge Jane Stranch, a Barack Obama appointee, authored the decision for the three-judge panel of the Sixth Circuit, which Judge Julia Gibbons, a G.W. Bush appointee, joined. Trump-appointee Judge Joan Larsen dissented from the decision, concisely capturing her concern with this opening line: “As the Supreme Court has very recently reminded us, ‘our system does not permit agencies to act unlawfully even in pursuit of desirable ends.’”

Two days before the Sixth Circuit removed the stay, thereby setting the ETS to go into effect this month, the federal appellate court denied a request by the challengers of the OSHA rule for the court to hear the case initially en banc, or as a full court. To obtain en banc review, a majority of the active judges on the Sixth Circuit needed to vote for the full court to decide the case together, but the 16-member court deadlocked 8-8, leaving the three-judge panel in charge.

In voting to hear the request for a stay of the ETS en banc in the Sixth Circuit, Judge John Bush, a Trump appointee, opened with the closer: “Whether it uses a clear statement or not, Congress likely has no authority under the Commerce Clause to impose, much less to delegate the imposition of, a de facto national vaccine mandate upon the American public. Such claimed authority runs contrary to the text and structure of the Constitution and historical practice. The regulation of health and safety through compulsory vaccination is a traditional prerogative of the states—not the domain of Congress and certainly not fodder for the diktat of a federal administrative agency.”

Sidelining the Constitution

With all of the ammunition provided by the dissenting judges in the Sixth Circuit, as well as the Fifth Circuit’s original opinion entering the stay, one would think that when the Supreme Court fast-tracked the case for oral argument, the attorneys seeking the stay would stress the grave attack the ETS represents to our constitutional republic. But they didn’t.

Instead, Scott Keller, counsel for the National Federation of Independent Business, argued “OSHA’s economy-wide one-size-fits-all mandate covering 84 million Americans is not a necessary, indispensable use of OSHA’s extraordinary emergency power which this Court has recognized is narrowly circumscribed.”

Likewise, Benjamin Flowers, the solicitor general of Ohio, arguing on behalf of the slew of states that joined in challenging the ETS, stressed “so sweeping a rule [as the vaccine mandate] is not necessary to protect employees from a grave danger as the emergency provision requires.”

Throughout the argument, Keller and Flowers also focused on the so-called “major questions” doctrine, which stems from a series of Supreme Court cases that stressed that if an agency’s regulatory action “brings about an enormous and transformative expansion in regulatory authority,” Congress must speak clearly that “it wishes to assign to an agency decisions [such issues] of vast ‘economic and political significance.”

The petitioners weren’t wrong. The OSHA rule, which is, in essence, a vaccine mandate given the shortage of tests and the federal government’s decision to force employees to pay for the cost of testing, is not “necessary” to protect employees from a “grave danger” for many reasons.

This Is Obviously Unconstitutional

First, COVID is only a grave danger to a small segment of society, while the ETS adopts the de facto vaccine mandate for all employers of 100 or more employees. The ETS also makes no distinction between employers where working conditions create a higher risk of COVID infection from those facilities where employees have limited risk. Nor, after two years of COVID, with OSHA waiting that time period to issue the ETS and the latest mutation less severe than the former ones, does the ETS fit within the concept of an “emergency” standard.

Also, far from providing the OSHA clear authority to mandate vaccinations (or a weekly medical test) in response to a virus such as COVID, the statute authorizing OSHA to issue an ETS speaks of grave dangers “from exposure to substances or agents determined to be toxic or physically harmful or from new hazards.” Thus, the major question doctrine supports the petitioners’ challenge to the ETS and their request for a stay.

Yes, advocates must be pragmatists, and the petitioners’ attorneys didn’t need a home run; they just needed a rain delay. But so much more could have been said, and indeed needed to be said—and forcefully so—about limited powers, federalism, and separation of powers. Yet in their desire to win the stay, there was barely any mention of these important constitutional principles.

Major Opportunity Lost

Consider this notable exchange between Ohio’s top attorney and Justice Sotomayor.

JUSTICE SOTOMAYOR: “So, if it’s within the police power to protect the health and welfare of workers, you seem to be saying the states can do it, but you’re saying the federal government can’t even though it’s facing the same crisis in interstate commerce that states are facing within their own borders. I — I’m not sure I understand the distinction why the states would have the power but the federal government wouldn’t.”

MR. FLOWERS: “The federal government has no police power, if we’re asking about that.”

JUSTICE SOTOMAYOR: “Oh, it does have power with respect to protecting the health and safety of workers. We have — we have — accept the constitutionality of OSHA.”

MR. FLOWERS: “Yes. I took you to be asking if they had a police power to protect public health. They — they absolutely have the –”

JUSTICE SOTOMAYOR: “No, they have a police power to protect workers.”

MR. FLOWERS: “I would not call it a police power. I think the Commerce Clause power allows them to address health.”

“I would not call it a police power” is as much as the Ohio solicitor general could muster for a pushback. But Congress has no “police power” no matter what it is called, and the federal government cannot “pretextually relabel” a federal de facto vaccination mandate “commerce” to gain what is, in effect, a novel police power of the national government.

The breadth of the OSHA rule and its effects on two-thirds of private businesses also threatens the “system of government ordered by the Constitution,” that gave all legislative powers to Congress. The resulting “nondelegation doctrine constrains Congress’s ability to delegate its legislative authority to executive agencies.”

Yet when provided an opportunity to hammer these points, Flowers served up the vanilla point “that although our non-delegation doctrine is not especially robust today, there are limits on the amount of authority that Congress can give away.”

The justices—and Americans—needed to hear these points because COVID has become both the excuse and the case study for authoritarianism. And from OSHA’s most recent rule, we might divine the civil corollary to the “Show me the man, and I’ll show you the crime,” motto, and it seems to be, “Provide me a public interest, and I’ll find the power.” 

Or, elsewise said, “Cut me a mouse hole, and I’ll squeeze in an elephant.”


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