Court of Appeals temporarily blocks workplace Covid vaccine and testing requirement

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November 08, 2021

A federal appeals court on Saturday temporarily stayed the Biden administration requirement that employers with 100 or more employees require that workers either be vaccinated or receive weekly Covid-19 tests.

“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,” according to the opinion by the Fifth Circuit Court of Appeals.

It was slated to hear today from the US government its response to plaintiffs’ motion for a permanent injunction.

Plaintiffs in the lawsuit include several states, companies and five staffing firms.

“The number of new cases, hospitalizations, and deaths continues to drop. But President Biden is blindly determined to reach 100% vaccination, regardless of the cost in jobs, economic growth, and liberty,” South Carolina Attorney General Lynn Fitch said. “President Biden’s vaccine mandates are an affront to foundational American principles, and I will continue to fight them in court.”

Fitch said she has also filed a complaint on Thursday challenging the mandate that all federal contractors or subcontractors be vaccinated.

White House Deputy Press Secretary Karine Jean-Pierre said on Friday the White House believes the Department of Labor does have the power to enact the emergency temporary standard requiring workers get the vaccine or be tested.

“This is a power that Congress empowered OSHA with through a law that has been on the books for more than 50 years,” Jean-Pierre said.

Staffing firms taking part in the lawsuit are Burnett Specialists, Choice Staffing, Staff Force Inc., LeadingEdge Personnel Ltd. and HT Staffing.

The emergency temporary standard was announced last week.

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