Loading...

Fifth Circuit Imposes Temporary Stay on Business Vaccine Mandate

November 7, 2021 by Dan McCue
Fifth Circuit Imposes Temporary Stay on Business Vaccine Mandate
A licensed practical nurse draws a Moderna COVID-19 vaccine into a syringe at a mass vaccination clinic at Gillette Stadium in Foxborough, Mass. (AP Photo/Steven Senne)

NEW ORLEANS — The 5th U.S. Circuit Court of Appeals on Saturday temporarily blocked a mandate from the Biden administration that businesses with more than 100 employees require them to be vaccinated against the coronavirus by early January.

The White House has estimated the order, which it calls a “temporary standard,” could apply to as many as 84 million workers.

The stay was requested by several Republican-led states, business groups and other organizations shortly after the Occupational Safety and Health Administration issued the order last week.

In a joint petition to the court, the plaintiffs argued the administration had overstepped its authority.

In a brief order, the three-judge panel said they decided to block the order  “because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate.”

The appellate judges offered no further explanation of the rationale behind their decision to impose the stay, nor did they identify any specific constitutional problems with the action the administration had taken.

However, it did direct the administration to respond by 5 p.m. Monday to the request for a permanent injunction from the groups opposed to the rule.

Seema Nanda, the chief legal officer for the Labor Department, said in a statement that the government is confident it has the legal authority to impose an 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,” Nanda said, adding, “We are fully prepared to defend this standard in court.”

Dan can be reached at dan@thewellnews.com and at https://twitter.com/DanMcCue

In The News

Health

Voting

Litigation

June 17, 2022
by Tom Ramstack
Environmentalists’ Lawsuit Tries to Block Federal Oil and Gas Drilling Leases

WASHINGTON — An environmentalists’ lawsuit filed this week in Washington, D.C., seeks to block the Biden administration from giving oil... Read More

WASHINGTON — An environmentalists’ lawsuit filed this week in Washington, D.C., seeks to block the Biden administration from giving oil companies more than 3,500 permits to drill on federal lands.  The coalition of environmental groups says Biden has not considered the effects on climate change and... Read More

June 15, 2022
by Dan McCue
Amazon, Cartier Sue Social Media Influencer, Businesses, Over Counterfeits

SEATTLE – Amazon and Cartier filed joint lawsuits against an unnamed social media influencer and eight businesses on Wednesday on... Read More

SEATTLE – Amazon and Cartier filed joint lawsuits against an unnamed social media influencer and eight businesses on Wednesday on claims they advertised, promoted, and facilitated the sale of counterfeit luxury goods through Instagram and other websites. The federal lawsuits, filed in the Western District of... Read More

June 15, 2022
by Dan McCue
New York’s Highest Court Puts Kibosh on Bid to Consolidate Primaries

ALBANY, N.Y. — An effort by the League of Women Voters to consolidate New York State’s primary elections in August... Read More

ALBANY, N.Y. — An effort by the League of Women Voters to consolidate New York State’s primary elections in August has been rejected by the state Court of Appeals. The ruling handed down on Tuesday means voters in New York will cast ballots on two different... Read More

June 1, 2022
by Tom Ramstack
Johnny Depp Is Biggest Winner in Lawsuits Between the Actor and His Ex-Wife

FAIRFAX, Va. — Actor Johnny Depp came out ahead Wednesday in conflicting lawsuits for defamation between him and his ex-wife,... Read More

FAIRFAX, Va. — Actor Johnny Depp came out ahead Wednesday in conflicting lawsuits for defamation between him and his ex-wife, Amber Heard. A jury in Fairfax awarded Depp a total of $15 million in damages but $2 million for fellow actress Heard. The lawsuits were prompted... Read More

June 1, 2022
by Tom Ramstack
British Activist Sued by Russian in D.C. Under Long-Arm Statute

WASHINGTON — A former Russian-American spy is suing a British political activist for defamation in Washington, D.C., after convincing a... Read More

WASHINGTON — A former Russian-American spy is suing a British political activist for defamation in Washington, D.C., after convincing a federal court the District of Columbia's "long-arm" statute applies to his lawsuit. Although William Browder was not in the nation’s capital when he made the derogatory... Read More

May 27, 2022
by Tom Ramstack
Judge Grants Injunction Against Sale of ‘Wizard of Oz’ Dress

WASHINGTON — An auction scheduled for last Tuesday of a dress worn by actress Judy Garland in the 1939 movie... Read More

WASHINGTON — An auction scheduled for last Tuesday of a dress worn by actress Judy Garland in the 1939 movie “The Wizard of Oz” is on hold until a federal judge can determine who owns it. Catholic University in Washington, D.C., claims it was given to... Read More

News From The Well