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BREAKING: Federal appeals court stays Biden’s vaccine mandate
Nov 6, 2021, 2:06 PM | Updated: 4:57 pm
FILE - In this Sept. 14, 2021 file photo, a syringe is prepared with the Pfizer COVID-19 vaccine at a clinic at the Reading Area Community College in Reading, Pa. President Joe Biden has directed OSHA to write a rule requiring employers with at least 100 workers to force employees to get vaccinated or produce weekly test results showing they are virus free. (AP Photo/Matt Rourke, File)
(AP Photo/Matt Rourke, File)
NEW ORLEANS (AP) – A federal appeals court on Saturday temporarily halted the Biden administration’s vaccine requirement for businesses with 100 or more workers.
The 5th U.S. Circuit Court of Appeals granted an emergency stay of the requirement by the federal Occupational Safety and Health Administration that those workers be vaccinated by Jan. 4 or face mask requirements and weekly tests.
Louisiana Attorney General Landry said the action stops President Joe Biden “from moving forward with his unlawful overreach.”
“The president will not impose medical procedures on the American people without the checks and balances afforded by the constitution,” Landry said in a statement.
At least 27 states filed lawsuits challenging the rule in several circuits, some of which were made more conservative by the judicial appointments of former Republican President Donald Trump.
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.
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 pre-empt state laws.
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 government must provide an expedited reply to the motion for a permanent injunction Monday, followed by petitioners’ reply on Tuesday.
Utah Attorney General Sean Reyes responds
“Citizens of Utah can take courage that their elected leaders have confronted this unprecedented expansion of presidential power with a united front and that the courts are paying attention,” said Attorney General Reyes in a press release. “While today’s victory is important, we look forward to further argument, litigation, and legislative action on all fronts to protect the constitutional liberties of our citizens.”
