Federal Court Stays Biden Vaccine Mandate for Private Businesses

November 6, 2021

(Townhall)—On Saturday, the U.S. Court of Appeals for the Fifth Circuit issued a temporary stay against the Biden administration’s vaccine mandate using a rule the Occupational Safety and Health Administration (OSHA) to require private companies with 100 or more employees mandate the vaccine or subject employees to regular testing, or else face crippling fines.

Ben Winslow with FOX 13, a local outlet in Salt Lake City, was among the first to report on the ruling. The ruling comes after state attorney generals from Texas, Utah, Louisiana, Mississippi and South Carolina brought the suit, as did private businesses.

“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,” the judges’ opinion read.

Louisiana Attorney General Jeff Landry noted that the court’s action “also commands the judicious review we sought.”

Texas Attorney General Ken Paxton emphasized that they won, but that this is not the end of the road.

The Government was ordered to respond to motion for a permanent injunction by Monday, and the petitioners have to file any reply they may have by Tuesday.

As Katie had reported, President Joe Biden announced the rule on Thursday, which would have taken effect on January 4. In announcing a mandate for federal employees in September, the president warned such a mandate for private companies via OSHA would come.

The Liberty Justice Center and the Pelican Institute for Public Policy, which represented Louisiana business owner, Brandon Trosclair, and six employees of CaptiveAire Systems also applauded the decision.

Patrick Hughes, president and co-founder of the Liberty Justice Center said, “The Biden Administration’s vaccine mandate represents the greatest government overreach of our generation and we are elated that the court recognizes the ‘grave danger’ it poses not only to our clients, but all Americans. We look forward to having our day in court to fight this unconstitutional edict.”

Sarah Harbison, General Counsel at the Pelican Institute for Public Policy also added, “I am confident that the courts will see this mandate for what it truly is: An attempt to make laws while bypassing Congress.”

Lawsuits had also been filed elsewhere. These not only include those filed in the Fifth Circuit, but, as I reported, those filed in the Sixth Circuit on behalf of the Job Creators Network (JCN) and in the Eighth Circuit, on behalf of The Daily Wire.