The Biden administration wants the multiple challenges to its workplace rule consolidated in a single federal court and has asked for a decision by early next week, putting its private employer vaccine mandate on hold.
In court filings on Monday, the US Department of Justice stated that one of the federal circuit courts should be chosen at random to hear the cases on November 16.
Following the release of the Occupational Safety and Health Administration’s rules last week, at least 27 states, as well as several businesses and associations, filed legal challenges in at least six federal appeals courts. There is a Republican governor or attorney general in every state.
Over the weekend, judges on the 5th Circuit U.S. Court of Appeals in New Orleans halted the rule’s implementation, citing “grave statutory and constitutional issues.” On Monday, White House spokeswoman Karine Jean-Pierre expressed confidence that the COVID-19 vaccine mandate will be upheld in court.
“We believe the Department of Labor has this authority,” Jean-Pierre told reporters during a news conference. “We’re very confident in it.”
The mandate would apply to private companies with more than 100 employees. Employees who do not receive the shots by January 4 will be required to wear a mask and be tested for the coronavirus on a weekly basis. OSHA rules provide exemptions for workers who have religious objections, those who do not interact in person with coworkers or customers, and those who work only outside.
Republican state attorneys general and others sued, claiming that the federal government lacked the authority to issue the regulation, in part because COVID-19 is not a workplace-specific hazard.
Jean-Pierre stated that the mandate was to keep people safe, and that Congress had given the Labor Department authority to act through the Occupational Safety and Health Act of 1970. Vaccine mandates, including those for certain federal employees and the military, are an important part of the Biden administration’s strategy to combat a pandemic that has killed 750,000 people in the United States.
It has been stated that widespread vaccinations are the most expedient way out of the pandemic.
“People should not wait” to be vaccinated, according to Jean-Pierre.
Employers, on the other hand, have resisted, claiming that the mandate will cause many of their employees to quit.
The president of Keller Companies, a manufacturer of building panels and plastics with 350 employees, described the OSHA rule as a “crushing blow to employers” at a news conference Monday in Concord, New Hampshire.
Kathy Garfield, whose family has run the Manchester-based company for three generations, said the company brought in a vaccination van and provided paid time off for employees to get the shots. Only about half of them have done so.
“We’ve had employees come forward and say that if we mandate the vaccine or this happens, they won’t get the vaccine and won’t be tested.” “How can I run a business if I don’t have any talent?” Garfield inquired during a press conference with Republican Gov. Chris Sununu.
She also stated that it is difficult to locate a location where the virus test can be obtained. When they become available, they can cost up to $200.
“That’s the difference between eating and going hungry,” Garfield explained. “So, what will these employees do?” They’re going to work for another company with fewer than 100 employees.”
The administration announced plans for the workplace rule in September, and the plans were unveiled on November 4. Many Republican governors and state attorneys general indicated ahead of time that they would challenge it, as they did in a slew of federal lawsuits filed on Friday.
The states filed in the country’s most conservative appeals courts, where former President Donald Trump appointees bolstered Republican-appointed majorities. It was unclear whether the emergency stay issued by the 5th Circuit on Saturday was applicable nationwide or only to the states that filed in that case — Louisiana, Mississippi, South Carolina, Texas, and Utah.
The order from the 5th Circuit stated that “the Mandate is hereby stayed pending further action by this court,” but did not specify whether it applied only to the five states. Louisiana Attorney General Jeff Landry stated that it applied nationally, but states that filed in different courts requested clarification on Monday.
According to a state filing in the St. Louis-based 8th U.S. Circuit Court of Appeals, “though the Fifth Circuit’s order may be construed to have nationwide effect, it does not make an explicit statement on this point.” “Petitioners respectfully request that this Court enter a similar order here to avoid any confusion and to ensure full protection of their rights.”
Alabama, Florida, and Georgia also requested a stay in the 11th U.S. Circuit Court of Appeals in Atlanta on Monday, noting that the one granted in the New Orleans-based court was only temporary. The group of states, businesses, and organizations challenging the rule in the St. Louis-based court requested a quick review of their case.
“It will have an immediate impact on thousands of employers and millions of working families.” “The Court should act quickly to prevent these illegal and unconstitutional injuries,” the groups wrote in court.