“The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,” Nanda stated. Unlike the Fifth Circuit, 10 other courts of appeals, presented with the same question, exercised jurisdiction. Therefore, the Supreme Court reversed its decision. Department of Labor, said in a statement that the government was confident in its legal authority to issue the mandate, according to the Times. The Fifth Circuit confused these two distinct jurisdictional bases and held that it lacked jurisdiction over this case. Seema Nanda, the chief legal officer for the U.S. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach! - Attorney General Ken Paxton November 6, 2021 Just this morning, citing “grave statutory and constitutional issues,” the 5th Circuit stayed the mandate. Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate. The fight is not over and I will never stop resisting this administration’s unconstitutional overreach.” Just this morning, citing ‘grave statutory and constitutional issues,’ the 5th Circuit stayed the mandate. “Yesterday, I sued the Biden administration over its unlawful OSHA vax mandate,” Paxton tweeted.
Texas Attorney General Ken Paxton celebrated the legal victory on Twitter, with Texas having Louisiana, Mississippi, South Carolina and Utah in their coalition to fight back against the mandate. “The president will not impose medical procedures on the American people without the checks and balances afforded by the constitution,” Landry said in a statement. > Coronavirus: Federal vaccine mandate for businesses, health care workers to take effect Jan. Louisiana Attorney General Jeff Landry said the action stops Biden “from moving forward with his unlawful overreach.” Approximately 31 million of those workers are not vaccinated, the newspaper reported.Īt least 26 states have opposed the administration’s mandate, and several groups of states filed four challenges to the OSHA rule.
The mandate was expected to cover 84 million workers, the Times reported. A business found to be in violation could be fined up to $136,532, the news organization reported. OSHA’s rule includes sending agents to inspect businesses to determine if they are abiding by the mandate, The Hill reported. Breaking News: A federal appeals court in Louisiana temporarily blocked the Biden administration’s vaccine mandate for large companies.