BREAKING: Federal court ruling freezes Biden’s vaccine mandate
The United States Court of Appeals for the Fifth Circuit issued a ruling today that freezes the vaccine mandate issued by President Biden on November 4th. The mandate came through the Department of Labor’s Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) rule that would require private-sector employees to submit proof of vaccination or get tested weekly, effective January 4th. The current version of the temporary rule applies to companies with over 100 employees and could result in a $14,000 fine per violation.
After the mandate was introduced, 19 states have sued Biden’s administration over the mandate, citing “grave statutory and constitutional” issues with the rule. The lawsuit cites that according to the 10th Amendment to the US Constitution federal government has limited authority and is overstepping its powers in this case. The lawsuit also points out that Congress hasn’t given the president the authority to implement the mandate.
The 19 states that are suing Biden’s administration over the mandate include Florida, Texas, Alaska, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, Wyoming, Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia.
The COVID-19 vaccine mandate is the first national vaccine mandate in the United States.
“The federal government can’t just unilaterally impose medical policy under the guise of workplace regulation,” Florida Governor Ron DeSantis said at a press conference on Thursday.
Mandatory COVID-19 vaccination remains a hot-button issue across the country. During questioning of CDC Director Rochelle Walensky at the November 4th Senate Health Committee hearing, Senator Bill Cassidy (R-LA) pointed out that over 75% of CDC employees still work remotely. When asked about her department’s vaccination rates, Walensky failed to provide an answer.
“I don’t actually know that number from the top of my head,” Walensky said.
While the federal government is exempt from the vaccine mandate, there’s been no coordinated effort to return to work within the government bodies as of yet, as Sen. Cassidy pointed out.
The two-page court order issued today directs the Biden administration to respond to the request for a permanent injunction against the rule by 5 p.m. Monday.
There are previous legal precedents where OSHA rules were overturned, including Ergonomics Rule in 2001, Volks rule in 2017, and others.
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