NEW ORLEANS (AP) – A federal appeals court on Saturday temporarily suspended the Biden administration’s vaccine requirement for companies with 100 or more workers.
The 5th U.S. Court of Appeals granted an emergency stay of the Federal Occupational Safety and Health Administration’s requirement that these workers be vaccinated by January 4 or the related requirements face mask and weekly tests.
Louisiana Attorney General Landry said the action prevented President Joe Biden “from moving forward with its illegal scope.”
“The president will not impose medical procedures on the American people without the checks and balances provided by the constitution,” Landry said in a statement.
At least 27 states have sued the rule in multiple circuits, some of which have been made more conservative by the judicial appointments of former Republican President Donald Trump.
The Biden administration has encouraged widespread immunizations as the fastest way to end the pandemic that has claimed more than 750,000 lives in the United States.
The administration says it believes the requirement, which includes penalties of nearly $ 14,000 per violation, will withstand legal challenges in part because its safety rules prevail over state laws.
The New Orleans-based 5th Circuit said it was delaying the federal vaccine requirement due to potential “serious statutory and constitutional issues” raised by the plaintiffs. The government is due to provide an expedited response to the permanent injunction motion on Monday, followed by the petitioners’ response on Tuesday.