On Monday, the Biden Administration instructed businesses to proceed with the vaccine requirement, despite the U.S. Court of Appeals for the Fifth Circuit halting the requirements. The Fifth Circuit, located in New Orleans, is known as one of the most conservative appellate courts in the country. The court-ordered pause came a day after the requirements went into effect, which requires all businesses with 100 or more employees to mandate vaccinations, and all unvaccinated individuals needing to get tested weekly and wear a mask.
Attorney Generals in at least 26 Republican states, including Louisiana, Mississippi, Texas, South Carolina, and Utah have all challenged the administration’s vaccine and testing mandates. Additionally, the Republican National Committee announced it is also challenging the requirements in the D.C. Court of Appeals. Many claim that the guidelines are an unconstitutional usurpation of power to the Executive Branch and the Occupational Safety and Health Administration is overstepping its authority. The court explained the “Petitions give cause to believe there are grave statutory and constitutional issues with the Mandate.”
The Biden administration rebuked the pause, claiming it was “premature” and “would likely cost dozens or even hundreds of lives per day.” The administration requested the court to lift the pause as they viewed the claims premature, considering the vaccination deadlines are not until January of 2022.
Those employed in the medical field will not have an option for testing but will be required to be vaccinated, as outlined in the new requirements. OSHA will be implementing these regulations, and despite having a mere 1,850 inspectors to monitor over 8 million workplaces, officials claim the agency will rely on whistleblower complaints and random checks to effectively regulate. The agency claims the mandate will save more than 6,000 workers’ lives and prevent more than 250,000 hospitalizations over the next six months. Biden stated, “While I would have much preferred that requirements not become necessary, too many people remain unvaccinated for us to get out of this pandemic for good.”
