UNITED STATES—On Friday, November 12, US Court of Appeals Judges, Kurt D. Engelhardt and Duncan Jones, issued a stay on President Biden’s vaccine mandate.
The mandate required all companies with 100 employees or more to require that all its employees be vaccinated. In addition, those who were not willing to get the COVID-19 vaccine would be obligated to commit to weekly testing and to provide proof of negative results to their employers.
The US Court of Appeals for the 5th Circuit Court made its ruling in the case of approximately 4 dozen petitioners who challenged Occupational Safety and Health Administration (OSHA), The United States Department of Labor, Martin J. Walsh, Secretary, U.S. Department of Labor, Douglas Parker in his official capacity as Assistant Secretary of Labor, for OSHA.
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The case was heard before Circuit Judges; Jones, Duncan, and Kurt D. Engelhardt, of the Eastern District of Louisiana.
According to documentation on the case by the US Court of Appeals,
“OSHA promulgated its much-anticipated vaccine mandate on November 5, 2021. Framed as an ETS, the Mandate requires all employers of 100 or more employees to “develop, implement, and enforce a mandatory COVID-19 vaccination policy” and require any workers who remain unvaccinated to go under [weekly] COVID-19 testing and wear a face covering at work in lieu of vaccinations.”
On page 14 of the 22-page document provided by the Court of Appeals, the following question is asked:
“In light of this immense complexity, one might naturally ask the agency—is this situation truly amenable to a one size fits all mandate?”
On page 16 documentation cites that, “the mandate raises serious constitutional concerns”… and “First, the Mandate likely exceeds the federal government’s authority under the Commerce Clause because it regulates noneconomic inactivity that falls squarely within the States’ police power.”
“the states, too, have an interest in seeing their constitutionally reserved police power over public health policy defended from federal overreach.”
“In contrast, a stay will do OSHA no harm whatsoever. Any interest OSHA may claim in enforcing an unlawful (and likely unconstitutional) ETS is illegitimate. Moreover, any abstract harm a stay might cause the Agency, pales in comparison to the harm the absence of a stay threatens to cause countless individuals and companies.”
The stay that Judge Kurt D. Engelhardt issued was reportedly a temporary stay. Should the vaccine mandate go through, it would affect all employers staffing 100 employees or more including USPS, Amazon, UPS, Fed Ex, federal employees, police forces, nurses, city workers, and more.
First responders that were deemed essential workers at the beginning of the pandemic, now reportedly would face disciplinary action, including being laid off, should they not comply with the vaccine mandates set forth by the Biden administration.