Ron Klain's retweet of MSNBC anchor's 'ultimate work-around' post was an endorsement, court rules

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In upholding a stay on President Biden's workplace vaccine mandate Friday, a federal appeals court also ruled that White House chief of staff Ron Klain’s retweet of an MSNBC journalist's Twitter post was an endorsement of her claim about a mandate "work-around," according to a report. 

On Sept. 9, Klain retweeted MSNBC anchor Stephanie Ruhle’s post that said, "OSHA doing this vaxx mandate as an emergency workplace safety rule is an ultimate work-around for the Federal govt to require vaccinations." 

The Fifth Circuit Court of Appeals mentioned the retweet in its decision reaffirming its stay on Biden's mandate following a legal challenge from Texas and several other states, according to a Reuters reporter. 

APPEALS COURT RE-AFFIRMS STAY ON BIDEN WORKPLACE VACCINE MANDATE, CITES ‘SEVERE’ RISKS 

In a later footnote to its decision, the court specifically refers to Klain's retweet as an "endorsement" of Ruhle's use of the description "work-around," another Twitter user noted.

At the time of Klain's retweet in September, U.S. Sen. Ted Cruz, R-Texas, interpreted Klain's message as the Biden administration acknowledging that its vaccine mandate was "likely illegal … but they don't care."

The Fifth Circuit Court of Appeals Friday ordered the U.S. Labor Department’s Occupational Safety and Health Administration to "take no steps to implement or enforce the Mandate until further court order." The decision was the latest development in what is expected to be a lengthy legal battle over the mandate’s legality.

White House chief of staff Ron Klain listens as President Joe Biden speaks during a cabinet meeting in the Cabinet Room of the White House, Friday, Nov. 12, 2021, in Washington. (Associated Press)

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At Biden’s direction, OSHA issued a rule earlier this month requiring U.S. employers with 100 or more workers to ensure their workers are fully vaccinated against COVID-19 or undergoing weekly tests for the virus by Jan 4. Businesses that don’t comply face thousands of dollars in fines.

Fox News' Thomas Barrabi and Emma Colton contributed to this report.