The rule would require workers at companies with more than 100 employees to undergo COVID-19 vaccines or be tested weekly.
A federal appeals court in the United States has frozen a vaccine warrant from President Joe Biden’s administration that aims to get workers at companies with more than 100 employees to get vaccinated against COVID-19 or be tested. weekly.
The US Court of Appeals for the Fifth Circuit ruled Saturday that “there are serious statutory and constitutional issues” with the warrant.
“The warrant is suspended pending further action by this court,” he said.
The two-page order instructs the Biden administration to respond to the request for a permanent injunction against the rule by 5pm Monday.
The suspension came after several Republican-led states filed legal appeals against the new rule, which goes into effect January 4.
In a statement, solicitor Seema Nanda said the Labor Department is “confident in its legal authority” to issue the rule, which will be enforced by the Occupational Safety and Health Administration (OSHA).
“The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency detects that workers are in grave danger and a new standard is needed to protect them,” he has declared. “We are fully prepared to defend this standard in court.”
Action on private sector vaccinations was undertaken under OSHA’s emergency authority on occupational safety, officials said. The rule applies to 84.2 million workers and 1.9 million private sector employers, according to OSHA.
Unveiled on Thursday, the rule was immediately met with promises of lawsuits from Republican governors and others who claimed it overstepped the legal authority of the Democratic administration.
Saturday’s court order came in response to a joint petition from several companies, advocacy groups, and states in Texas, Louisiana, Mississippi, South Carolina, and Utah.
The rule is also facing separate legal challenges before other courts.
The United States is the country most affected by the COVID-19 pandemic globally, having recorded nearly 46.5 million coronavirus infections and over 754,000 deaths.