A federal court declined Friday to lift its stay on the Biden administration’s vaccine mandate for businesses with 100 or more workers.
The New Orleans-based 5th U.S. Circuit Court of Appeals granted an emergency stay last Saturday 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 tests.
Lawyers for the Justice and Labor departments filed a response Monday in which they said stopping the mandate from taking effect will only prolong the COVID-19 pandemic and would “cost dozens or even hundreds of lives per day.”
But the appeals court rejected that argument Friday. Judge Kurt D. Engelhardt wrote that the stay “is firmly in the public interest.”
“From economic uncertainty to workplace strife, the mere specter of the Mandate has contributed to untold economic upheaval in recent months,” Engelhardt wrote.
At least 27 states have filed legal challenges in at least six federal appeals courts after OSHA released its rules on Nov. 4. The federal government said in its court filings Monday that the cases should be consolidated and that one of the circuit courts where a legal challenge has been filed should be chosen at random on Nov. 16 to hear it.
Administration lawyers said there is no reason to keep the vaccine mandate on hold while the court where the cases ultimately land remains undetermined.
(AP)
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7 Responses
How could a vaccine that doesn’t prevent transmission be forced on people to fight the “spread” of covid? Mind boggling
So blatantly unconstitutional
Some left wing federal contractors who pick and choose what rules they feel like following are sending out memos saying to ignore these court rulings, and you’ll be fired on the 4th if you don’t get vaccinated. They ignore the mask requirement or just allowing people to telecommute – like smart folks.
Glad this judge sees through the lame arguments presented at bar.
Of course there needs to be a stay in effect. We can’t have sleepy joe running amok in the white house wrecking the entire country with his unconstitutional tyrannical mandate. There has to be accountability. Justice will prevail.
the executive order is different from the ohsa rule. both should be struck down, but this only speaks to the latter.
@sariray because it doesn’t need prevent transmission to be effective, it needs to reduce transmission significantly, and it does. That’s why EY is now open and has far less deaths per capita than USA – even though it’s a MUCH more concentrated population who live all over each other
The CDC admitted in court that it has no record of even one person who recovered from the Wuhan disease and later spread the virus to someone else.