11/8/21 - Appeals Court Temporarily Halts Biden Vaccine Requirement For Businesses

Over the weekend a federal appeals court suspended the Biden administration’s new vaccine requirement for businesses with 100 or more workers.  

The decision was issued by a panel of three judges that wrote that there was “cause to believe there are grave statutory and constitutional issues with the mandate,” staying the order while the court assesses it in more depth.

The ruling came in response to a number of lawsuits that were filed in several states that have challenged the rule.

The mandate said the workers employed by companies with 100 or more workers, are to be vaccinated by January 4 or face mask requirements and weekly testing.  If not, businesses could face a large fine.

Overall, it does not apply to employees who work remotely, outside or otherwise don't report to workplaces where other people work or shop. 

The court gave the Justice Department until 5 p.m. Monday to respond to the challenger’s request for a more permanent halt to the mandate.

“The U.S. Department of Labor is confident in its legal authority to issue the emergency temporary standard on vaccination and testing. The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,” said Seema Nanda, the solicitor of labor.

Many believe the requirement is a fundamental overstep of federal authority.

Vaccination requirements from state and local governments and private companies have largely held up in court so far, but the Biden administration’s federal mandate is more broad than these measures.