The government must provide an expedited reply to the motion for a permanent injunction Monday, followed by petitioners’ reply on Tuesday. The 5th Circuit, based in New Orleans, said it was delaying the federal vaccine requirement because of potential “grave statutory and constitutional issues” raised by the plaintiffs. The administration says it is confident that the requirement, which includes penalties of nearly $14,000 per violation, will withstand legal challenges in part because its safety rules preempt state laws. The Biden administration has been encouraging widespread vaccinations as the quickest way to end the pandemic that has claimed more than 750,000 lives in the United States. To me that’s the heart of the entire issue,” he said.Īt least 27 states filed lawsuits challenging the rule in several circuits, some of which were made more conservative by the judicial appointments of President Donald Trump. Never before has the federal government tried in a such a forceful way to get between the choices of an American citizen and their doctor. “This is a great victory for the American people out there. Such circuit decisions normally apply to states within a district - Mississippi, Louisiana and Texas, in this case - but Landry said the language employed by the judges gave the decision a national scope. The Justice Department will vigorously defend this rule in court.” What's next: The Biden administration has until Monday at 5pm to respond to the request for a permanent injunction.OSHA has 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,” she said.Ī spokesman for the Justice Department, Anthony Coley, said in a statement: “The OSHA emergency temporary standard is a critical tool to keep America’s workplaces safe as we fight our way out of this pandemic. Of note: Florida also filed suit to challenge the mandate, which had an original compliance deadline of Dec. Those judges on the panel included Edith Hollan Jones, nominated by Ronald Reagan, and Kyle Duncan and Kurt Engelhardt, both appointed by Donald Trump.Circuit Court of Appeals' released the unsigned and unpublished order, which contained no additional explanation for the stay. The Texas attorney general, along with the attorney generals of Louisiana, Mississippi, South Carolina and Utah, joined the petition, in addition to several companies and sought an emergency stay against the Department of Labor’s Occupational Safety and Health Administration (OSHA), which will enforce the COVID-19 Vaccination and Testing Emergency Temporary Standard that affects about two-thirds of all U.S.4 or face federal fines starting at nearly $14,000 per violation, according to senior administration officials. The big picture: President Biden announced earlier in the week that certain employers must ensure their workers are fully vaccinated or tested weekly by Jan. A federal appeals court on Saturday stayed enforcement of the Biden administration’s private-employer vaccine mandate, contending it raises “grave statutory and constitutional issues.”
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