5th Circuit Stays OSHA Vaccine Mandate: Read It For Yourself
The Biden Administration’s plan for a OSHA Vaccine Mandate that would go in effect in January has been stayed pending “further action” by the courts.
A federal appeals court temporarily halted the Biden administration’s occupational safety rule that required businesses with over 100 employees to mandate the COVID-19 vaccine or regular testing.
In a ruling on Saturday, a three judge panel at the Fifth Circuit Court of Appeals granted a stay sought by Texas, Utah, Mississippi and South Carolina, as well as businesses who claimed they would be negatively impacted.
“Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court,” the judges wrote, ordering lawyers for the states and the federal government to submit further briefing by next month.
The rule was not going into effect until January.
Utah political leaders have argued the government using OSHA rules to mandate vaccinations is unconstitutional. Governor Spencer Cox told FOX 13 earlier this week Utah would sue over it.
The scheme for OSHA vaccine mandate was announced back in September by the Biden Administration:
The expansive rules mandate that all employers with more than 100 workers require them to be vaccinated or test for the virus weekly, affecting about 80 million Americans. And the roughly 17 million workers at health facilities that receive federal Medicare or Medicaid also will have to be fully vaccinated.
Biden is also signing an executive order to require vaccination for employees of the executive branch and contractors who do business with the federal government — with no option to test out. That covers several million more workers.
Biden was to announce the new requirements in a Thursday afternoon address from the White House as part of a new “action plan” to address the latest rise in coronavirus cases and the stagnating pace of COVID-19 shots that has raised doubts among the public over his handling of the pandemic.
Read the 5th Circuit’s stay on OSHA vaccine mandate here:
Stay on vaccine mandate
Not surprising, it’s a big enough deal that the courts would want to hear arguments about it.Report
Unlike SB8, because …?
(OK, we know why.)Report
IANAL, but I am not sure if the lower courts can tackle SB8.Report
They could stay it, because it raises “grave statutory and constitutional issues”. A district court did that, and this same circuit court overruled them.Report
How do Utah and South Carolina get away with filing suit in the 5th Circuit?Report
Appears that they they filed suit in the same petition as other parties (Texas). I’m not familiar with the procedures for direct review of administrative orders in Circuit Courts, but usually questions of where a case may be brought are about convenience to the defendant.Report
Huh.
I hear that Newsmax is instituting a vaccine mandate for its employees.
Maybe their employees can take them to the 5th court for a sympathetic ear.Report