U.S. federal appeals court freezes Biden’s vaccine mandate for companies
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The U.S. Federal Appeals Court issued Saturday’s stay freezing the matter. Biden administration’s efforts to require workers at U.S. companies with at least 100 employees be vaccinated against Covid-19 or be tested weekly, citing “grave statutory and constitutional” issues with the rule.
After numerous appeals, the Fifth Circuit United States Court of Appeals has ruled. Republican-led states filed legal challenges against the new rule, which is set to take effect on Jan 4.
Seema Naanda, Solicitor of Labor, stated that the Labor Department is “confident” in the legal authority to issue the rule. The OSHA will enforce it.
She stated that OSHA is explicitly authorized by the Occupational Safety and Health Act to respond quickly to an emergency in which OSHA finds workers are at grave risk and that a new standard of protection is required. “We’re fully ready to defend this standard before the courts.”
Two days ago, the Biden administration announced the rule. Republican governors immediately promised legal action. They argued that it was too broad and overstepped their legal authority.
Officials said that the OSHA emergency authority for workplace safety authorized OSHA to take action regarding private sector vaccinations. OSHA states that the law applies to 8.2 million employees and 1.9million private-sector workers.
Saturday’s court ruling was in response to an unrelated petition filed by advocacy groups, businesses and states (Texas, Louisiana, Mississippi and South Carolina), respectively. Separate legal challenges are also being brought against the rule by other courts.
Two-pages of the order instruct the Biden administration that it respond to the request to a permanent injunction to stop the rule no later than Monday at 5:59 p.m.
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