Nov. 12 (Reuters) – A U.S. appeals court on Friday upheld its decision to put on hold an order from President Joe Biden for companies with 100 or more employees to require COVID-19 vaccines and rejected a challenge from his administration away.
A three-person panel from the 5th U.S. Appeals Court in New Orleans upheld its ruling despite the Biden administration’s position that halting the implementation of the vaccine mandate could result in dozens or even hundreds of deaths. Continue reading
“The mandate is alarmingly broad,” said the statement.
“The mandate is a universal sledgehammer that hardly tries to take account of differences in jobs (and employees),” wrote District Court Judge Kurt Engelhardt for the committee.
Vaccination mandates are highly controversial in the US. Proponents say they are a must-have to put an end to the nearly two-year coronavirus pandemic, while opponents argue that they violate the U.S. Constitution and limit individual freedom.
The judges of the fifth circle seemed to agree with the opponents.
“The public interest also serves the maintenance of our constitutional structure and the preservation of the freedom of the individual to make very personal decisions according to his own convictions – even or especially when these decisions frustrate government officials,” wrote Engelhardt.
The rule was enacted by the Occupational Safety and Health Administration (OSHA) and requires companies with 100 or more employees to require staff to be vaccinated or have weekly tests and face masks.
White House officials had no immediate comment on the ruling, which was hailed as a victory by Texas Attorney General Ken Paxton. Texas joined other US states as well as private employers and religious organizations in legal challenges against the Order.
“Citing Texas ” compelling argument”[s]”The 5th District has maintained OSHA’s unconstitutional and illegal vaccine mandate for private companies,” Paxton said on Twitter.
Biden imposed the requirement in September, telling Americans that “our patience is failing” with those who refuse to be vaccinated.
Reporting by Dan Whitcomb; Additional reporting by Kanishka Singh and Jonathan Stempel Editing by Grant McCool
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https://www.reuters.com/world/us/federal-appeals-court-affirms-stay-biden-vaccine-mandate-2021-11-12/