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Friday, August 12, 2022

Biden vaccine mandate: Federal appeals court issues stay of administration’s mandate for private companies

In the brief order, a three-judge panel on the Fifth Circuit Court of Appeals said that the petitioners in the case — Republican-led states and private businesses — “give cause to believe there are grave statutory and constitutional issues with the Mandate.”

The court asked the government to respond by 5 p.m. on Monday and said it would expedite the case. The court did not specify whether its order would have nationwide effect or would only apply to the states under its jurisdiction.

The Biden administration had announced earlier this week that its vaccine rules applying to private businesses with 100 or more employees, certain health care workers and federal contractors will take effect January 4.

The rules, released in a statement Thursday, stipulate that employees who fall into those groups will need to have received the necessary shots to be fully vaccinated, either two doses of Pfizer or Moderna’s vaccine or one dose of Johnson & Johnson’s vaccine, by January 4.

The OSHA rule does allow for employees to remain unvaccinated if they so choose, but the employee must provide a verified negative test to their employer on at least a weekly basis and must wear face masks in the workplace.

This story has been updated with additional information.


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