The New Orleans-based 5th U.S. Circuit Court of Appeals granted an emergency stay last Saturday of the requirement by the federal Occupational Safety and Health Administration that those workers be vaccinated by Jan. 4 or face mask requirements and weekly tests.
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.”
But the appeals court rejected that argument Friday. Judge Kurt D. Engelhardt wrote that the stay “is firmly in the public interest.”
I would think that if any company now tries to implement a mandate claiming ‘the Feds are making us do it’ that anyone fired would have cause to sue.
Since the Biden Administration has basically told companies to ignore the original stay, the court did respond with this when they affirmed their stay:
The Fifth Circuit Court of Appeals ordered the U.S. Labor Department’s Occupational Safety and Health Administration to “take no steps to implement or enforce the Mandate until further court order.”
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