Biden's DOJ hits back at federal court that blocked his 'staggeringly overbroad' vaccine mandate and says it will 'vigorously defend' the president's plan
The U.S. Department of Justice is planning to 'vigorously defend' President Joe Biden's Covid-19 vaccine mandate after a federal court upheld a stay on it.
A three-member panel of the 5th U.S. Circuit Court of Appeals in New Orleans, which covers Texas, Louisiana and parts of Mississippi, affirmed its ruling on the Occupational Safety and Health Administration (OSHA) order in a new opinion published Friday.
That saw it order the U.S. Department of Labor to take no further steps to implement its mandate, whose deadline is January 4, 2022.
The order would have mandated enforced vaccine requirements on all businesses with 100 or more employees.
'This decision is just the beginning of the process for review of this important OSHA standard,' a spokesperson for the Justice Department said in a statement. 'The Department will continue to vigorously defend the standard and looks forward to obtaining a definitive resolution following consolidation of all of the pending cases for further review.'
The Biden administration previously argued that halting implementation of the vaccine mandate could lead to dozens or even hundreds of deaths.
However, Circuit Court Judge Kurt Engelhardt wrote in the prevailing opinion that the mandate goes too far, and that he has 'grave' concerns about whether the edict is legal or constitutional.
'The mandate is staggeringly overbroad,' the opinion said. 'The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers).'
Attorney General Merrick Garland's (pictured) Justice Department plans to fight a stay upheld by a federal court preventing the administration from implementing a Covid-19 vaccine mandate
US 5th District Court of Appeals Judges (L-R) Edith Jones, Kurt Engelhardt and Stuart Kyle Duncan upheld their decision to put a hold on President Joe Biden's Covid-19 vaccine mandate for companies with 100 workers or more
The US 5th Circuit Court of Appeals in New Orleans
Biden had issued a vaccine mandate for all employers with 100 or more workers to issue their own vaccine mandate by January 4
Lawyers for the Justice and Labor departments filed a response Monday in which they said stopping the mandate from taking effect will only prolong the COVID-19 pandemic and would 'cost dozens or even hundreds of lives per day.'
The mandate, which requires private companies with 100 or more employees to impose vaccine mandates on their workers by January 4, was officially announced by the Occupational Safety and Health Administration (OSHA) on Thursday – immediately leading to a flurry of lawsuits from Republican states and entities.
Engelhardt, on the other hand, argued that the mandate is causing more harm than good.
'From economic uncertainty to workplace strife, the mere specter of the Mandate has contributed to untold economic upheaval in recent months,' Engelhardt wrote.
At least 27 states have filed legal challenges in at least six federal appeals courts after OSHA released its rules on November 4.
White House Deputy Press Secretary Karine Jean-Pierre said Thursday Republicans are 'getting in the way of saving lives' by fighting back against Joe Biden's new vaccine mandates
The federal government said in its court filings Monday that the cases should be consolidated and that one of the circuit courts where a legal challenge has been filed should be chosen at random on November 16 to hear it.
Vaccine mandates are deeply controversial in the United States. Supporters say they are a must to put an end to the nearly two-year coronavirus pandemic, while opponents argue they violate the Constitution and curb individual liberty.
The Fifth Circuit judges appeared to agree with the opponents.
'The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions - even, or perhaps particularly, when those decisions frustrate government officials,' Engelhardt wrote.
The rule was issued by OSHA and mandates that businesses with at least 100 employees require staff to get vaccinated or face weekly tests and face mask requirements.
White House officials had no immediate comment on the ruling, which was hailed as a victory by Texas Attorney General Ken Paxton.
'Citing Texas´s 'compelling argument' the 5th Circuit has stayed OSHA´s unconstitutional and illegal private-business vaccine mandate', Paxton said on Twitter.
Fellow Texan and Congressman Chip Roy praised the ruling as helping to stop vaccine mandates.
He tweeted: '5th Circuit reaffirms stay - because @JoeBiden is acting unlawfully and unconstitutionally in issuing order for employer vaccine mandate. #HealthcareFreedom #StopVaxMandates.'
And Libertarian commentator Robert Henneke also praised Friday's decision, writing: 'WE DID IT (AGAIN)!! 5th Cir. reaffirms grant of stay motion with 22 page published opinion explaining why #BidenAdministration private employer vaccine mandate is likely unlawful & unconstitutional.'
Biden imposed the requirement in September, telling Americans that 'our patience is wearing thin' with those refusing to get inoculated.
Earlier this week, The White House said it was confident that it could beat any Republican challenges to its new workplace vaccine mandate and claimed Thursday that the GOP was trying to block the Biden administration from saving lives.
'The question that we always have is and that we ask to the Republicans is why are they getting in the way?' Deputy Press Secretary Karine Jean-Pierre said during Thursday's White House press briefing.
'Why are they getting in the way of trying to protect and save lives? That's all we're trying to do,' she added.
Jean-Pierre said the White House is 'pretty confident' the new Occupational Safety and Health Administration rules imposing compulsory vaccines on private companies will hold up in court against a slew of GOP lawsuits currently being filed.
'The administration clearly has the authority to protect workers and actions announced by the president are designed to save lives and stop the spread of COVID,' Jean-Pierre said.
The debate over the mandate comes as infection rates in the US continue to drop.
On Friday, the nation reported less than 97,000 new daily cases and about 2,300 deaths, according to Johns Hopkins University.
About 67 per cent of eligible Americans are fully vaccinated against COVID, and more than 78 per cent have gotten at least one jab.
The new rule comes as there are already concerns over impacts the mandates could have on the already stunted U.S. economy, which is experiencing a worker shortage and supply chain issues ahead of the holiday season.
'If you're asking if we think the rules impact supply chain, the answer is no, we don't think that it will,' Jean-Pierre said at Thursday's briefing.
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