Federal court extends stay of Biden administration's vaccine-or-test mandate

The Biden administration is likely to challenge the panel’s decision in the general court.

Engelhardt was appointed to the bank by ex-President Donald Trump. The other two members of the panel, Judge Kyle Duncan and Judge Edith Jones, were appointed by Trump and former President Ronald Reagan, respectively.

More than a dozen lawsuits have been filed in various appeals courts of corporations, religious organizations, and states arguing that vaccine or testing requirements are beyond OSHA’s powers and against the First Amendment, the Constitution’s Trade Clause, and laws protecting the Religious freedom violates.

Engelhardt agreed that opponents of the rules could sue in the fifth district, writing: “The mandate places a financial burden on them by representing their participation in the OSHA regulatory system, exposing them to serious financial risk if they refuse or and threatens to decimate their workforce (and business prospects) by forcing unwilling employees to take their shots, take their tests, or take to the streets. “

Engelhardt also agreed with her claims that the requirement exceeded OSHA’s powers to monitor workplaces and the federal government’s powers under the trade clause, among other things.

The vaccine-or-test requirement was introduced as a temporary emergency standard. OSHA may issue such standards if it determines that “workers are exposed to serious hazards from exposure to substances or substances classified as toxic or physically harmful, or from new hazards” and that the rule is “necessary” to Protect workers from this risk.

The government told the court earlier this week that OSHA was acting within its powers and that a suspension of the requirement “would likely cost dozens or even hundreds of lives a day”.

It remains unclear whether the legality of the rule will ultimately be tackled by the Fifth Circle or another Circle. Since several lawsuits have been filed with various appellate courts, a lottery has been triggered to determine which district will accept the challenge. The lottery is scheduled to take place next week.

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