Wednesday, December 8, 2021

The Court of Appeal leaves powers to vaccinate large businesses

NEW ORLEANS (AP) – A federal appeals court on Saturday temporarily suspended the Biden administration’s demand for vaccines for businesses with 100 or more workers.

The US 5th Circuit Court of Appeals has urgently suspended the FHA requirement for these workers to be vaccinated by January 4, or the mask requirement and weekly tests.

Louisiana Attorney General Jeff Landry said the move was preventing Democratic President Joe Biden from “pushing forward with his illegal exaggeration.”

“The President will not impose medical procedures on the American people without the checks and balances provided by the constitution,” Republican Landry said in a statement.

Labor lawyer Sima Nanda said the US Department of Labor “is confident in its legal authority to issue an interim emergency vaccination and testing standard.”

OSHA has the power to “act quickly in an emergency when an agency detects that workers are in serious danger and new standards are needed to protect them,” she said.

Such district decisions usually apply to states within a district — in this case Mississippi, Louisiana, and Texas — but Landry said the language used by the judges lends a national character to the decision.

More on the COVID-19 pandemic

“This is a great victory for the American people. Never before has the federal government attempted to intervene with such force between the choice of an American citizen and his doctor. This is the crux of the problem for me, ”he said.

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At least 27 states have filed lawsuits challenging the rule in several counties, some of which have been made more conservative by the judicial appointments of former Republican President Donald Trump.

The Biden administration is promoting widespread vaccinations as the fastest way to end the pandemic that has claimed more than 750,000 lives in the United States.

The administration is confident that the requirement, which includes fines of nearly $ 14,000 for violation, will pass legal tests in part because its safety regulations precede state law.

The fifth district, located in New Orleans, said it was postponing federal vaccine requirements due to potential “serious legislative and constitutional concerns” raised by plaintiffs. The government is to provide an expedited response to a permanent injunction petition on Monday, followed by a petitioners response on Tuesday.

Lawrence Gostin, a public health expert at Georgetown University School of Law, said it was worrying that a federal appeals court would overturn or postpone safety rules in the event of a health crisis, stating that no one is allowed to enter the workplace “without a mask, without vaccinations and untested work “. … ”

“Undocumented judges with no scientific background should have no doubt about the health and safety professionals at OSHA,” he said.

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