Court temporarily blocks Biden's vaccine mandate for big business

Federal appeals board in Louisiana temporarily blocked the Biden administration New to reign order companies with 100 or more workers...

Federal appeals board in Louisiana temporarily blocked the Biden administration New to reign order companies with 100 or more workers to require their employees to get coronavirus vaccines or weekly tests by early January.

The three-judge panel of the United States Court of Appeals for the Fifth Circuit granted temporary stay to a group of Republican-led companies, faith groups, rights organizations and several states , including Louisiana and Texas, which had filed a petition Friday to the court, arguing that the administration had exceeded its authority.

The stay has no immediate impact. The first major deadline of the new rule, such as detailed Thursday, is Dec. 5. This is the day when big companies must force unvaccinated employees to wear masks indoors. Companies have until January 4 to coronavirus vaccination mandate or start weekly testing of their workers.

The rule is expected to cover 84 million workers, of whom around 31 million are unvaccinated. It lays out the details of a plan that President Biden first announced in September.

At the heart of the legal challenge is whether OSHA overstepped its authority in enacting the rule and whether such a mandate should be passed by Congress.

The states lawsuit said the president “set legislative policy” to dramatically increase the number of Americans covered by vaccination requirements, and then “set binding rules enforced with the threat of heavy fines.”

“This is a quintessential piece of legislation – and totally irrelevant to the purpose of OSHA itself, which protects workplace safety,” the lawsuit said. “Nowhere in OSHA’s enabling legislation does Congress give it the power to end pandemics. “

A separate lawsuit against the new rule was also filed on Friday at the Eighth Circuit Court of Appeals in St. Louis by 11 Republican-led states, among them Texas, Mississippi, South Carolina and Utah.

The Fifth Circuit panel said in a brief order, signed by a deputy clerk, that the judges were blocking the settlement “because the petitions suggest there are serious statutory and constitutional issues with the warrant.” He said the rule had been suspended “pending further action from this court.”

The two-page order ordered the Biden administration to respond by 5 p.m. Monday to the group’s request for a standing injunction.

Seema Nanda, the legal official for the US Department of Labor, said in a statement that the government was confident in its legal authority to issue the mandate on vaccination and testing.

“The Occupational Safety and Health Act explicitly gives OSHA the power to act quickly in an emergency when the agency finds that workers are in serious danger and a new standard is needed. to protect them, ”Ms. Nanda said.

“We are fully prepared to defend this standard in court,” she added.

Once both parties have filed briefs, the court will then decide to lift the temporary injunction, allowing the rule to unfold as intended, or to grant a permanent injunction. OSHA could then take the matter to the Supreme Court.

“The party seeking the injunction must prove that this rule violates the Constitution, ”said Mark Kluger, founding partner of employment law firm Kluger Healey. “It’s a really tough burden to shoulder,” Kluger said, noting that “federal agencies over the years have become more and more aggressive in adopting or creating rules.”

As an example, he cited the National Labor Relations Board rules for union elections. But not all of these efforts have been upheld by the courts. A similar issue was at play when a Texas court in late 2016 ended an Obama-era Department of Labor rule that would have made millions of extra Americans eligible for overtime pay. The Trump administration, which took office the following year, has said it will not defend the overtime rule.

“The fight is not over and I will never stop resisting this administrator’s unconstitutional excess!” Texas Attorney General Ken Paxton said in a tweet Saturday, celebrating the court’s move.

Mr. Paxton has previously called The Biden administration’s tenure is a “mind-boggling abuse of federal power” and is one of the attorneys general who sued the administration on federal worker vaccination mandates.

Louisiana Attorney General Jeff Landry said in a tweet that the courts decision was a “great victory for the freedom of job creators and their employees”. South Carolina Attorney General Alan Wilson also applauded the court’s ruling on Twitter. “The Constitution will prevail,” he said wrote. “The president is not above the law.

But David Michaels, an OSHA chief under the Obama administration, described the court ruling on Saturday as a politically motivated flawed decision. “The same activist court that refused to suspend Texas law that allows bounty hunters to prosecute anyone who assists with an abortion after six weeks of pregnancy has upheld an OSHA rule that clearly falls under the authority of the OSHA, will save lives and make workplaces safe.

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Newsrust - US Top News: Court temporarily blocks Biden's vaccine mandate for big business
Court temporarily blocks Biden's vaccine mandate for big business
Newsrust - US Top News
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