Tuesday, November 9, 2021
OSHA Vaccine Mandate for Larger Businesses Temporarily Halted by Federal Appeals Court
On November 6, a federal appeals court on Saturday temporarily halted the Biden administration's vaccine requirement for businesses with 100 or more workers.
The 5th U.S. Circuit Court of Appeals granted an emergency stay of the requirement by the federal Occupational Safety and Health Administration that those workers be vaccinated by Jan. 4 or face mask requirements and weekly coronavirus tests.
Louisiana Attorney General Jeff Landry said the action stops President Joe Biden "from moving forward with his unlawful overreach.”
"The president will not impose medical procedures on the American people without the checks and balances afforded by the Constitution,” Landry said in a statement.
At least 27 states filed lawsuits challenging the rule in several circuits, some of which were made more conservative by the judicial appointments of Republican President Donald Trump.
The Biden administration encourages widespread vaccinations as the quickest way to end the pandemic that has claimed more than 750,000 lives in the USA.
The administration said it is confident that the requirement, which includes penalties of nearly $14,000 per violation, will withstand legal challenges in part because its safety rules preempt state laws.
The 5th Circuit, based in New Orleans, said it delayed the federal vaccine requirement because of potential “grave statutory and constitutional issues” raised by the plaintiffs.
Source: USA Today