On Saturday, a federal appeals court temporarily halted the implementation of President Joe Biden’s COVID-19 vaccine and testing requirements for private businesses, according to CNBC. This mandate has been challenged in the US 5th Circuit Court of Appeals by Republican attorneys general from Texas to South Carolina to Louisiana to Mississippi to Utah and other states.
COVID-19 Vaccine Mandate
Businesses with at least 100 employees are affected by OSHA’s new vaccination requirements, which were issued earlier this year. COVID-19 vaccinations must be completed by January 4 or workers must wear masks and undergo weekly testing, as per Newsweek. In order to ensure that businesses are adhering to OSHA’s mandate, the agency sends agents to conduct inspections. A fine of $136,532 could be imposed if a business is found to be in violation.
OSHA, which enforces workplace safety for the Department of Labor, developed the vaccine and testing requirements under emergency authority, which allows the agency to speedily issue workplace safety standards that normally take years to develop.
According to The Hill, Senator Mike Braun, the ranking member of an important Senate committee on employment and workforce safety, says he will use the CRA to challenge President Biden’s new order that large employers must mandate COVID-19 vaccination.
Grave Statutory And Constitutional Issues
There are “grave statutory and constitutional issues” with the mandate that the Supreme Court ruled on Saturday, halting the mandate’s vaccination and testing requirements “until further notice.” Former Presidents Donald Trump and Ronald Reagan appointed the three judges who issued the order.
According to The Hill, the court’s decision to put a temporary hold on the mandate has been a source of contention for some states’ attorney generals. According to Attorney General Eric Schmittthe, who led the coalition of attorneys general said that:
“Its unlawful mandate will cause injuries and hardship to working families, inflict economic disruption and staffing shortages on the States and private employers, and impose even greater strains on struggling labor markets and supply chains”