It’s temporary because it’s only an Appellate Court panel
rather than the full Appellate ruling, NEVERTHELESS Comrade Biden’s Jab Mandate
is suspended pending further review.
JRH 11/7/21
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Federal Court Blocks Biden Administration’s Private
Business COVID-19 Vaccine Mandate
[FRAUDENTLY ELECTED] President
Joe Biden speaks during a press conference at the White House in Washington on
Nov. 6, 2021. (Samuel
Corum/Getty Images)
November 6, 2021 Updated: November 7, 2021
A federal appeals court on Saturday blocked the Biden
administration’s private employer COVID-19 vaccine
mandate, asserting there may be constitutional issues with the
requirement.
“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,” a panel of the U.S. Court of
Appeals for the Fifth Circuit said in the brief order.
The halt of the mandate, which was unveiled this week, is temporary as the case moves
forward.
The case was brought by multiple businesses, including the
American Family Association; multiple individuals; and several states,
including Texas, Utah, and Mississippi.
Petitioners said the mandate, promulgated as an Emergency
Temporary Standard (ETS) by the Department of Labor’s Occupational Safety
and Health Administration (OSHA), should be struck down because it exceeds
OSHA’s authority under the Occupational Safety and Health Act.
They said that the authority is limited to workplace-related
hazards while the risk from COVID-19 is “a society-wide danger.” They also said
the mandate doesn’t make sense because determining whether COVID-19 is a
workplace hazard depends on employees’ age and health, not how many co-workers they have.
“In an attempt to impose a nationwide vaccination mandate
without approval from Congress, the executive branch has couched its COVID-19
vaccine mandate as an emergency workplace rule affecting nearly 100 million
Americans. But the ETS is neither a workplace rule nor responsive to an
emergency,” lawyers for the petitioners wrote in an emergency motion asking the court to impose
a stay.
“Vaccination status is a public health issue that affects
people throughout society; it is not a hazard particular to the workplace. And
there is no need to use an emergency rule to address a pandemic that has been
going on for nearly two years. Congress did not grant OSHA such sweeping powers
in its authorizing statute,” they added.
Administration officials have in recent days said they’re
confident the OSHA rule will withstand the flurry of legal challenges that were
lodged after it was made public.
Solicitor of Labor Seema Nanda told The Epoch Times in an
emailed statement that the administration is prepared to defend the mandate in
court.
“The U.S. Department of Labor is confident in its legal
authority to issue the emergency temporary standard on vaccination and testing.
The Occupational Safety and Health Act explicitly gives OSHA the authority to
act quickly in an emergency where the agency finds that workers are subjected
to a grave danger and a new standard is necessary to protect them,” she said.
Brandon Trosclair, a petitioner who employs nearly 500
people across grocery stores in Louisiana and Mississippi, said in a statement
that the ruling is “an incredible first victory for all Americans,” adding that
the appeals court “quickly realized that the Biden employer vaccine mandate
would cause great harm to businesses like mine.”
“The court’s action not only halts Biden from moving forward
with his unlawful overreach, but it also commands the judicious review we
sought. The president will not impose medical procedures on the American people
without the checks and balances afforded by the Constitution,” added Louisiana
Attorney General Jeff Landry, a Republican and one of the petitioners.
The appeals court panel consisted of Judge Stuart Kyle
Duncan, a Trump nominee; Judge Edith Jones, a Reagan nominee; and Judge Kurt
Engelhardt, a George W. Bush nominee.
The Biden administration was ordered to file a response to
the petitioners’ motion for a permanent injunction by 5 p.m. on Monday and file
a reply to other petitioner court documents by 5 p.m. on Tuesday.
Zachary Stieber
covers U.S. news, including politics and court cases. He started at The Epoch
Times as a New York City metro reporter.
Copyright © 2000 –
2021 The Epoch Times
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