Judges extend block on employer mandate

WASHINGTON >> A federal appeals court has kept its block in place against a federal mandate that all large employers require their workers to get vaccinated against the coronavirus or submit to weekly testing starting in January, declaring that the rule “grossly exceeds” the authority of the occupational safety agency that issued it.

In a 22-page ruling, a three-judge panel on the 5th U.S. Circuit Court of Appeals, in New Orleans, held that a group of challengers to the mandate issued by the Biden administration was likely to succeed in its claim that it was an unlawful overreach and barred the government from moving forward with it.

“From economic uncertainty to workplace strife, the mere specter of the mandate has contributed to untold economic upheaval in recent months,” wrote Judge Kurt D. Engelhardt.

He was joined by Judges Edith H. Jones and Kyle Duncan. All three are Republican appointees.

The Biden administration is likely to appeal, but a Justice Department spokesperson did not immediately respond to a request for comment.

In a filing asking the 5th Circuit to withdraw its stay earlier this week, the Department of Justice argued that requiring large employers to force their workers to get vaccinated or submit to weekly testing was well within the authority granted to by Congress to the Occupational Safety and Health Administration.

The ruling by the panel of the 5th Circuit is unlikely to be the final word. Some challenges to the mandate are in other circuits, and the cases will be consolidated before a randomly chosen one of those jurisdictions. The Supreme Court is expected to eventually decide the matter.

President Joe Biden announced in September that his administration would issue such a mandate as one of several steps to try to increase immunization rates.