District court stay on Biden’s Mandate

Nov 18, 2021
Written by wpengine

On Nov 6, the Fifth Circuit Court of Appeal’s temporarily blocked Biden’s new vaccine rules, which would apply to employers with over 100 employees, certain healthcare workers, and others.

Dozens of individuals, employers, and over 27 states have filed legal challenges against the vaccine rule, which was to have taken effect on Jan 4. On Friday, Nov 12, a federal court declined to lift the stay.

Appeals court judge Kurt D. Engelhardt wrote the stay “is firmly in the public interest,” and “the Mandate is also underinclusive.” Engelhardt added, “From economic uncertainty to workplace strife, the mere specter of the Mandate has contributed to untold economic upheaval in recent months.”

Engelhardt concluded his comments with clarity, writing, “IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the Mandate until further court order.”

On its website, OSHA posted a statement in response, stating, “While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.

As it stands, OSHA will not enforce Biden’s vaccine mandate on large private businesses with over 100 employees.