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“Presidential pique is not “the supreme Law of the Land.” (Texas Governor Abbott)

“pique:
1. A feeling of enmity; ill-feeling, animosity; a transient feeling of wounded pride.
2. A feeling of irritation or resentment, awakened by a social slight or injury; offence, especially taken in an emotional sense with little thought or consideration”. https://en.wiktionary.org/wiki/pique

Tenth Amendment to the US Constitution:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

“OSHA is trying to deliver on President Biden’s empty threat that “if these governors won’t help us beat the pandemic, I’ll use my power as President to get them out of the way.” Remarks by President Biden on Fighting the COVID-19 Pandemic (Sept. 9, 2021), https://tinyurl.com/55jkvhcn.

Tough talk, sure, but preemption doctrine doesn’t work that way: Presidential pique is not “the supreme Law of the Land.” U.S. CONST. art. VI, cl. 2. Executive Order GA-40 is a valid exercise of police powers reserved to the State of Texas by the Tenth Amendment. Meanwhile, the Supremacy Clause reserves preemptive effect for federal laws that are “made in Pursuance” of “[t]his Constitution.” U.S. CONST. art. VI, cl. 2; see also Wyeth v. Levine, 555 U.S. 555, 585–87 (2009) (Thomas, J., concurring in judgment). In this case, OSHA cannot preempt Texas law without stretching its organic statute well beyond a constitutional breaking point…“ https://gov.texas.gov/uploads/files/press/Governor_Abbott_Petition_for_Review.pdf

Right now the 5th Circuit has stayed Biden’s vaccine mandate. However, Governor Abbott is asking it to be thrown out.

“Governor Abbott Challenges OSHA’s COVID-19 Vaccine Mandate
November 15, 2021 | Austin, Texas | Press Release
Governor Greg Abbott today filed a petition in the U.S. Court of Appeals for the Fifth Circuit challenging the COVID-19 vaccine mandate imposed by the Occupational Safety and Health Administration (OSHA). In the petition, the Governor urges the court to vacate OSHA’s unlawful mandate and confirm that his Executive Order GA-40 is not preempted. 
 
“This Court should vacate OSHA’s Mandate, which ‘runs afoul of the statute from which it draws its power and likely, violates the constitutional structure that safeguards our collective liberty,'” reads the petition. “OSHA is trying to deliver on President Biden’s empty threat that ‘if these governors won’t help us beat the pandemic, I’ll use my power as President to get them out of the way.’ Governor Abbott’s Executive Order GA-40 need not yield to President Biden’s unconstitutional power grab.” 

View the petition “ https://gov.texas.gov/uploads/files/press/Governor_Abbott_Petition_for_Review.pdf
https://gov.texas.gov/news/post/governor-abbott-challenges-oshas-covid-19-vaccine-mandate