Chaini Parwani –
Published On: November 07, 2021 at 13:04 IST
A Federal Appeals Court temporarily blocked the Biden Administration’s new Vaccine Mandate that could pertain to larger employers, certain health care workers and Federal Contractors.
A Three-Judge Panel on the Fifth Circuit Court of Appeals stated that the Petitioners in the case — the Republican-led States and Private Businesses – “Give cause to believe there are grave Statutory and Constitutional issues with the Mandate.”
Further, the Court sought a response from Government by 5 p.m. on Monday and specified that it would facilitate the case.
The Court did not mention whether the effect of its Order would only apply to the States under its Jurisdiction or Worldwide.
The Biden administration revealed that its vaccine mandate applies to private businesses with 100 or more employees, certain health care workers, and federal contractors. It will take effect on January 4.
Further, it was highlighted that employees who fall into those groups will need to have received the necessary shots to be fully vaccinated.
The Occupational Safety and Health Administration (OSHA) rule permits employees to remain unvaccinated if they intend to, but the employee must submit a verified negative test to their employer on at least a weekly basis and must follow the protocol of wearing face masks.
“The OSHA emergency temporary standard is a critical tool to keep America’s workplaces safe as we fight our way out of this pandemic”, Justice Department spokesman Anthony Coley while responding to the Order stated.
Further, Solicitor of Labor Seema Nanda highlighted that “The Labor Department was prepared to defend this standard in Court.”
Advocate Sean Marotta, at Hogan Lovells, stated it was surprising that the Fifth Circuit Court of Appeals ruled to block the mandate on a Saturday because the mandate does not require employers or employees to act for months.
Further Advocate Sean Marotta observed that Congress has specified that arguments regarding OSHA rules be reviewed initially by a Federal Appeals Court, instead of a District Court.
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