March 28, 2024

Fifth Circuit Court of Appeals Just Put a Halt to Biden’s Vaccine Mandate Over ‘Grave Statutory and Constitutional Issues’

A Federal Court of Appeals has just put a halt to Biden’s vaccine mandate. The victory for Americans seeking temporary relief from the onerous law was announced by Texas Governor Greg Abbott announced on Saturday.

The court’s order pertains to the OSHA regulation that was just issued under the Biden administration. Three court justices issued the following decision.

“Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard2 (the “Mandate”) pending expedited judicial review,” the order said. “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 court then ordered the federal government to respond by November 8th. The OSHA regulation was officially issued on Thursday, after the Biden administration initially announced it in September.

“The Biden administration ordered U.S. companies Thursday to ensure their employees are fully vaccinated or regularly tested for Covid-19 by Jan. 4 — giving them a reprieve over the holidays before the long-awaited and hotly contested mandate takes affect,” CNBC reported.

“The administration on Thursday also pushed back the deadline for federal contractors to comply with a stricter set of vaccine requirements for staff from Dec. 8 to Jan. 4 to match the deadline set for other private companies and health-care providers,” the report added.

“The newly released rules, issued by the Occupational Safety and Health Administration under the Labor Department, apply to businesses with 100 or more employees,” the report noted. “All unvaccinated workers must begin wearing masks by Dec. 5 and provide a negative Covid test on a weekly basis after the January deadline, according to the requirements. Companies are not required to pay for or provide the tests unless they are otherwise required to by state or local laws or in labor union contracts. Anyone who tests positive is prohibited from going into work.”

“Companies also have until Dec. 5 to offer paid time for employees to get vaccinated and paid sick leave for them to recover from any side effects,” the report added.

The Occupational Safety and Health Administration will also be policing workplaces nationwide to ensure compliance with the unlawful mandate.

“OSHA, which polices workplace safety for the Labor Department, will provide sample implementation plans and fact sheets among other materials to help companies adopt the new rules,” CNBC reported.

“OSHA will also conduct on-site workplace inspections to make sure companies comply with the rules, a senior administration official said. Penalties for noncompliance can range from $13,653 per serious violation to $136,532 if a company willfully violates the rules,” the report added.

“The vaccine mandate, which covers 84 million people employed in the private sector, represents the most expansive use of federal power to protect workers from Covid-19 since the virus was declared a pandemic in March 2020,” it continued.

More at:

https://trendingpolitics.com/breaking-federal-court-just-put-a-halt-to-bidens-vaccine-mandate-over-grave-statutory-and-constitutional-issues-knab/
Congress Didn’t Give OSHA Authority to Impose Vaccine Mandates
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