Sunday, November 7, 2021

LEGAL PROGRESS: US Appeals Court Blocks Biden’s Federal CV J*b Mandate

Workers at NASA's Jet Propulsion Laboratory (JPL) and their supporters protest outside JPL in Pasadena, California against a US government mandate requiring all federal employees to received the Covid-19 vaccine
on Nov. 1, 2021. - 
AFP via Getty Images

Source: NY Post

Published: November 6, 2021

By: Isabel Vincent

A federal appeals court in Louisiana has blocked the Biden administration’s latest COVID-19 vaccination mandate, giving the government until Monday afternoon to submit a response.

An emergency stay, issued Saturday from the United States Court of Appeals for the Fifth Circuit, prevents the White House from requiring all full and part-time workers at private-sector companies with 100 or more employees to be vaccinated or get tested weekly and wear face masks. 

In its decision, the court cited “grave statutory and constitutional” concerns about the government’s mandate, which is scheduled to take effect on January 4.

The mandate — issued Thursday under a new rule by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) — would apply to some 84 million Americans. 

It has been challenged in court by more than two dozen states, including Texas, Missouri and Louisiana. 

Employers who don’t comply could face fines of up to $14,000 per infraction, according to the government’s guidelines.

The issue from the United States Court of Appeals for the Fifth Circuit blocks the vaccine mandate in the private sector. - Seth Wenig/AP

“We will have our day in court to strike down Biden’s unconstitutional abuse of authority,” Texas Gov. Greg Abbott tweeted after news of the stay was announced Saturday afternoon.

A petition filed by Missouri Attorney General Eric Schmitt and representing 10 other states, declared the vaccine mandate is “unconstitutional, unlawful and unwise.”

It also challenges OSHA authority, claiming the agency does not have the jurisdiction to implement the regulations.  

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