US Court of Appeals Judge Rejects White House Motion to Reinstate Vaccination Mandate

© REUTERS / LUCY NICHOLSONA healthcare worker prepares a Pfizer coronavirus disease (COVID-19) vaccination in Los Angeles, California, U.S., January 7, 2021.
A healthcare worker prepares a Pfizer coronavirus disease (COVID-19) vaccination in Los Angeles, California, U.S., January 7, 2021. - Sputnik International, 1920, 13.11.2021
Last week, a New Orleans court suspended the implementation of US President Joe Biden's executive order directing all business with over 100 employees to vaccinate all by 4 January, 2022.
The fifth US circuit court of appeals has rejected a motion by both the US Departments of Justice and Labor to lift a stay order from the federal vaccination mandate for big business issued earlier by US President Joe Biden. A three-judge panel has ruled that keeping the stay order in place was "firmly in the public interest".
Panel Judge Kurt D. Engelhardt clarified his position in the ruling by noting that the mandate had affected swathes of the population and had potential negative effects on the US economy and business.
"Rather than a delicately handled scalpel, the Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly 'grave danger' the Mandate purports to address".
Engelhardt further suggested that the provisions of Biden's vaccination mandate, which require businesses with over 100 employees to vaccinate their workers or test them weekly for COVID-19, could potentially be in violation of a commerce clause in the US Constitution. The mandate potentially imposed hefty fines on businesses, essentially making them enforce regulatory functions of the federal Occupational Safety and Health Administration (OSHA), according to the judge.
The judge noted that businesses faced risks of significant fines for failure to comply and that Biden's order threatened to, in his words, "decimate their workforces and business prospects".
Preventative Medicine Services NCOIC Sergeant First Class Demetrius Roberson administers a COVID-19 vaccine to a soldier on September 9, 2021 in Fort Knox, Kentucky. The Pentagon, with the support of military leaders and U.S. President Joe Biden, mandated COVID-19 vaccination for all military service members in early September. The Pentagon stresses inoculation from COVID-19 and other diseases to avoid outbreaks from impeding the fighting force of the US Military. - Sputnik International, 1920, 13.11.2021
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The latter possibly referred to already emerging protests and strikes by workers at some companies, particularly among those who refuse to be vaccinated. They first emerged after Biden implemented the first part of the mandate that affected federal workers and contractors, some of whom resigned or were suspended, because they refused to be vaccinated against the highly-infectious, deadly disease by the November deadline.
The second part of the mandate reportedly affects businesses across the country, directing them to finish vaccinations of their workforce by 4 January, 2022. Last week, a judge in a New Orleans court put a stay on that order. The US Departments of Justice and of Labor appealed the decision, pointing out that failing to implement a vaccination mandate in the nation will "cost dozens or even hundreds of lives per day".
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