A U.S. appeals court upheld its decision to put on hold President Joe Biden’s mandate requiring companies with 100 or more workers to require COVID-19 vaccinations.
The decision, made on Nov. 12, was upheld by a three-member panel of the 5th U.S. Circuit Court of Appeals in New Orleans, following considerable pushback from the Biden administration.
“The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers),” Circuit Court Judge Kurt Engelhardt wrote for the panel’s argument. “The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions – even, or perhaps particularly when those decisions frustrate government officials.”
The mandate was announced by the Occupational Safety and Health Administration in September, requiring all workers to be vaccinated by Jan. 4, 2022. Failure to comply with the deadline would result in a $14,000 fine for each infraction.
The mandate’s proposal prompted criticism and legal challenges from multiple states and religious and business groups, who argued that the mandate undermines constitutional rights. The Biden administration argues that such mandates are necessary to end the COVID-19 pandemic.
The federal appeals court then blocked the mandate in a decision on Nov. 6, citing “grave statutory and constitutional” issues with the decision. The Nov. 12 ruling doubles down on that decision.
On Nov. 8, the Department of Justice challenged the ruling, stating to the panel that the mandate reflects “expert judgment that these measures are necessary to mitigate COVID transmission throughout America’s workplaces.” They further argued that the temporary hold was unnecessary, as it comes two months in advance of the vaccine deadline. The department said that the hold “would likely cost dozens or even hundreds of lives per day.”
