Federal vaccine mandate hits first roadblock in appeals court
The 5th U.S. Circuit Court of Appeals in Louisiana has put a temporary halt to the plan, citing "grave statutory and constitutional issues.”
Just days after OSHA announced the details of its vaccine mandate for employers with 100 workers or more, a federal appeals court in Louisiana has put a temporary halt to the plan, citing “grave statutory and constitutional issues.”
“The president will not impose medical procedures on the American people without the checks and balances afforded by the constitution,” said Louisiana Attorney General Jeff Landry in a statement.
Related: New vaccine mandate guidance comes with some flexibility for federal contractors
The Biden administration announced in September that it would require employers to ensure that all employees are fully vaccinated or take a COVID test weekly, leaving the full details up to OSHA and the Department of Labor. During that time, Republican-led states have been gearing up to fight the regulation, and lawsuits have now been filed by at least 27 states to challenge the rule.
The lawsuit, filed in the 5th U.S. Circuit Court of Appeals, is expected to play out quickly, with the government expected to provide a reply on Monday and a response from petitioners on Tuesday.
The Department of Labor has also issued a response, saying that it is confident that the government is acting within the scope of its authority.
“The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,” said Solicitor of Labor Seema Nanda. “We are fully prepared to defend this standard in court.”
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