The Biden administration on Nov. 23 asked the U.S. 6th Court of Appeals to reject an order from another federal appeals court and reinstate its Occupational Safety and Health Administration vaccine mandate for private businesses with 100 or more workers.
Two days after OSHA published the rule, scheduled to go into effect on Jan. 4, the Louisiana-based U.S. 5th Court of Appeals issued an order blocking the mandate. Last week, in a scathing ruling, the panel of judges on the appeals court reaffirmed their previous injunction and wrote that the mandate will likely be declared unconstitutional.
“Simply put, delaying the standard would likely cost many lives per day, in addition to large numbers of hospitalizations, other serious health effects, and tremendous expenses,” White House lawyers alleged in the new filing. “That is a confluence of harms of the highest order.”
The OSHA rule mandates that businesses with 100 or more workers have to either have their employees receive the COVID-19 vaccine or submit to weekly testing. Unvaccinated workers also have to wear masks inside the workplace, the rule says, which also stipulates that violators can face penalties of thousands or even tens of thousands of dollars per incident.
When it was published earlier in November, it triggered a torrent of lawsuits from Republican-led states, individuals, and businesses.
The 5th Circuit ruling this month described the mandate as “fatally flawed” and told OSHA to not enforce the requirement “pending adequate judicial review.”
“Our message to businesses right now is to move forward with measures that will make their workplaces safer and protect their workforces from COVID-19,” Psaki told reporters at the White House last week. “That was our message after the first stay issued by the 5th Circuit. That remains our message, and nothing has changed.”