A federal appeals court cited “constitutional issues” as the basis of its decision to suspend President Joe Biden’s COVID-19 vaccine mandate for private companies with 100 or more employees.
Over the weekend, the U.S. Court of Appeals for the Fifth Circuit issued a ruling that temporarily halted the requirement.
“Before the court is the petitioners’ emergency motion to stay enforcement of the Occupational Safety and Health Administration’s November 5, 2021 Emergency Temporary Standard (the ‘Mandate’) pending expedited judicial review,” the ruling states.
It continues, “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 ruling, the government has until 5:00 p.m. Monday to respond to the petitioners’ motion for a permanent injunction.
As The Washington Post reported, the ruling came after a group of plaintiffs, including Republican Louisiana Attorney General Jeff Landry, filed a lawsuit Friday.
He responded to the ruling on Twitter, saying, “In a major win for the liberty of job creators and their employees, the United States Court of Appeals for the Fifth Circuit just halted the Biden Administration’s attempt to force vaccines on businesses with 100 or more workers.”
Landry added, “The Court’s action not only halts Biden from moving forward with his unlawful overreach, but also commands the judicious review we sought. [President Biden] will not impose medical procedures on the American people without the checks and balances afforded by our Constitution.”
— Attorney General Liz Murrill (@AGLizMurrill) November 6, 2021
The Court’s action not only halts Biden from moving forward with his unlawful overreach, but also commands the judicious review we sought. @POTUS will not impose medical procedures on the American people without the checks and balances afforded by our Constitution. #lagov #lalege
— Attorney General Liz Murrill (@AGLizMurrill) November 6, 2021
The White House referred questions on the ruling to the labor department, as NBC News noted.
Solicitor of Labor Seema Nanda said in a statement the department was “confident in its legal authority” to issue the rule.
“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.
She added, “We are fully prepared to defend this standard in court.”
