The Fifth Circuit Court of Appeals, based in New Orleans, ruled this Saturday, November 6, against the order of the President of the United States, Joe Biden, to make vaccination against Covid-19 mandatory for employees. of private sector companies that have more than 100 people hired as of January 4, 2022.
READ ALSO : Biden orders mandatory vaccination for companies with more than 100 employees
In the three-page ruling, issued by the Fifth Circuit court of appeals, based in New Orleans, it states that the measure announced by the Joe Biden Administration has “serious” constitutional problems and, therefore, determines that it is necessary. temporarily block it while a more thorough examination is done.
The decision was made by three judges, Edith Hollan Jones, two Republicans, Kyle Duncan and Kurt Engelhard appointed by former President Donald Trump.
The ruling comes in response to a 160-page petition , made late Friday, November 5, by various businesses and a group of at least 27 conservative states led by Texas.
Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate.
WE WON. Just this morning, citing “grave statutory and constitutional issues,” the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach! pic.twitter.com/okt2vkNRKo
— Texas Attorney General (@TXAG) November 6, 2021
The Government of Joe Biden has promoted mass vaccination in the population as a measure to end the pandemic, which has claimed the lives of more than 750,000 lives in the United States.
In case of not wanting to be vaccinated, the workers of these large companies will have to undergo weekly tests and also wear a mask all the time. However, some 18 million workers are exempt because they work remotely or outdoors all the time.
About 70% of the adult population in the United States is already vaccinated
In recent months, the number of immunized has grown since the government began to put pressure on companies to force their workers to receive the vaccines.
The court’s ruling puts a halt to the implementation of the rule announced by the White House on November 4, in which, if not complied with, companies would have to pay fines of up to $ 14,000 for violation of the rule.
This measure has been the most significant announced by the US president to combat the pandemic, since it could affect about 84 million workers in the United States in the private sector.
The Fifth Circuit has stayed enforcement of the Biden administration’s private-employer vaccine mandate — not because it actually applied the right test for such emergency relief, but simply by asserting that the mandate raises “grave statutory and constitutional issues.” pic.twitter.com/NGSknZ5CRH
— Steve Vladeck (@steve_vladeck) November 6, 2021
The United States Government must respond to the request for a permanent court order before 5:00 pm on Monday, November 8.