The Biden administration argued in a court document that the petitioners pushing to block the authorization of the vaccine failed to claim that the harm they caused exceeded the cost of those who died of COVID-19.
The U.S. Court of Appeals for the Fifth Circuit in New Orleans temporarily blocked the Biden administration’s vaccine or testing mission on the grounds of “serious statutory and constitutional issues” raised by the petitioners. The Ministry of Labor issued this task last week, requiring companies with at least 100 employees to formulate a vaccination-only policy, or allow unvaccinated employees to wear masks and undergo weekly tests.
More than 20 states filed lawsuits against the authorization, accusing it of violation of the Constitution and excessive expansion of the federal government. The Department of Labor officials argued that the emergency provisional standards are no different from other standards issued by the Occupational Safety and Health Administration (OSHA) in the past.
The Biden administration argued in a court document that OSHA has the ability to implement interim standards, partly because the COVID-19 pandemic poses a “serious” danger to the public. A vaccine or test requirement written by the government can save thousands of lives and prevent hundreds of thousands of hospitalizations, a result that far exceeds the harm claimed by the petitioners.
Court documents stated: “Maintaining this standard will endanger thousands of people.” “In contrast, the injuries claimed by the petitioners are speculative and remote, and did not exceed the protection of employees during the course of the case. The interests of being invaded by a dangerous virus.”
Biden first announced the nationwide authorization in September, but said that the final details will be determined by the Department of Labor. The final guidelines were released last week, giving companies the option to require employees to be vaccinated or to conduct weekly tests and wear masks when they are around other employees. It is expected to affect more than 80 million workers in the United States.
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Under current regulations, employers who plan to require employees to be vaccinated must formulate a policy in early December. Companies that allow unvaccinated employees to continue to work must implement a mask policy at that time, but they must develop the testing aspects of the guidelines by January 4.
Labor officials estimate that this authorization can prevent 250,000 people from being hospitalized. Labor Secretary Mary Walsh said the government must “do the right thing for our workers.”
Non-compliance may result in a fine of $14,000 per violation, up to a fine of $136,000 for “intentional” violations.
White House Deputy Press Secretary Karin Jean-Pierre told reporters on Friday that the government is “very confident” that the authorization can withstand legal challenges. Jean-Pierre refused to classify the emergency provisional standard as a “vaccine authorization” because companies can allow employees to be tested weekly.
Louisiana Attorney General Jeff Landry called Saturday’s stay “a major victory for the freedom of job creation and its employees.”
Petitioners must respond to the Biden administration’s response to the petition for a permanent injunction by 5 pm on Tuesday.
