The Fifth US Circuit Court of Appeals in New Orleans on Friday confirmed its decision to temporarily suspend the Biden administration’s mandate for large private employers to have their employees vaccinated against COVID-19 or to undergo weekly COVID-19 tests. while the litigation against it proceeds. citing financial risk and potential loss to the companies under the rule.
The three-judge panel of the conservative-dominated court said in its own right: ruling This mandate threatens to “endanger” the workforce and business prospects of private employers by forcing employees to choose between vaccination or quitting, and exposes private employers to “financial risk” due to fines if they decide not to comply.
The panel also rejected the Labor Department’s claim that it was able to issue the mandate on the grounds of safety of workers as they are “under grave threat” with COVID-19, saying the virus is only for “certain employees”. “It’s more dangerous. Depends on their immunity, rather than others.
The court said the mandate also raises concerns of “separation of powers” and if the mandate has the power to control a person’s actions at their workplace.