Nov. 12, 2021
On Friday, a federal appeals court reaffirmed its earlier halt of President Joe Biden’s vaccine mandate on private employers.
Writing for a panel of judges at the 5th Circuit Court of Appeals, Judge Engelhardt described the mandate as “fatally flawed” and said OSHA grossly exceed its legal authority. “…health agencies do not make housing policy, and occupational safety administrations do not make health policy. In seeking to do so here, OSHA runs afoul of the statute from which it draws its power and, likely, violates the constitutional structure that safeguards our collective liberty,” the judge wrote.
The most recent order comes after the White House on Monday said businesses should move forward with President Joe Biden’s vaccine and testing requirements for private businesses, despite the 5th Circuit’s previous order from last weekend which brought a temporary halt to the rule.
In today’s ruling, the court made clear OSHA should “take no steps to implement or enforce the mandate until further court order.”
Read the latest order here: