The Fifth Circuit Temporarily Suspends Federal Vaccine Mandate

This Saturday, the Fifth Circuit filed a temporary injunction suspending the federal vaccine mandate issued via an Emergency Temporary Standard (ETS) by the Occupational Safety and Health Administration (OSHA). The Court cited “grave statutory and constitutional issues” as the reason for the stay.

The mandate in question requires private companies with 100 or more employees to ensure that their workers are either fully vaccinated for Covid-19 by January 4 or require them to test negative for the disease on a weekly basis. It also forces companies to require unvaccinated workers to wear masks on the job. Fines for noncompliance could reach nearly $14,000 per violation – a sum that could easily wipe out small businesses.

Petitioners against the mandate include Texas, Louisiana, Mississippi, South Carolina, and Utah as well as numerous businesses and associations.

Texas Governor Greg Abbott, who in October used an executive order to ban vaccine mandates in the state of Texas pending legislative action, took to his personal Twitter account to celebrate the case’s first victory.

Louisiana Attorney General Jeff Landry also lauded the victory. He stated that the Court’s 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,” said the Louisiana AG in a statement.

Photo by KATC news.

“This is a great victory for the American people out there. 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. To me that’s the heart of the entire issue.”

Lousisiana AG Jeff Landry addresses 5th Circuit decision to staty OSHA mandate.

For now, the Court’s restraint remains temporary. The federal government has until 5pm on Monday to respond to the petitioner’s motion for a permanent injunction. The Petitioners will then have 24 hours to file a reply.

Article by: CJ Fisher

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