On Friday, a federal court refused to overturn the Biden administration’s ban on vaccinating businesses with 100 or more employees.
The Fifth US Circuit Court of Appeals in New Orleans last Saturday allowed emergency stays due to a FOHA requirement to vaccinate these workers by January 4 or to meet face mask requirements and weekly tests.
On Monday, Justice and Labor Department lawyers filed a response in which they said that ending the mandate would only prolong the COVID-19 pandemic and “will cost tens or even hundreds of lives a day.”
But the appellate court rejected this argument on Friday. Judge Kurt D. Engelhardt wrote that this stay was “strictly in the public interest.”
“From economic uncertainty to workplace unrest, the mere specter of a mandate has led to untold economic turmoil in recent months,” Engelhardt wrote.
At least 27 states have filed lawsuits in at least six federal appeals courts since OSHA published its rules on November 4. The federal government said in its court documents on Monday that the cases must be consolidated and that one of the district courts where the Complaint is filed must be randomly selected on November 16 to be heard.
Administration lawyers said there was no reason to postpone the vaccine while the court in which the cases would ultimately be adjudicated remains uncertain.