Appeals Court Freezes Biden Vaxx Mandate for Businesses Amid 'Abuse of Authority' Claims

A federal appeals court in New Orleans on Saturday issued a temporary halt to President Joe Biden's workplace COVID vaccine mandate.

The U.S. Court of Appeals for the Fifth Circuit stayed the mandate and said that it entailed "grave statutory and constitutional issues."

It has now been blocked temporarily, pending further court order.

Now: 5th U.S. Circuit blocks Biden COVID-19 mandate pending further court order. Government must respond by Monday. Order: pic.twitter.com/s3Jrb5MWfl

— Mike Scarcella (@MikeScarcella) November 6, 2021

The court's decision was a response to lawsuits filed by over two dozen states on Friday against the Biden administration, after the White House Thursday announced COVID vaccine rules that apply to over 100 million U.S. workers.

The new vaccination requirements, issued by the Occupational Safety and Health Administration (OSHA), affect businesses with at least 100 employees. Under the mandate, all workers have to be vaccinated against COVID by January 4 or wear masks and undergo weekly tests.

Attorney generals in some of the states suing the Biden administration have expressed their satisfaction with the court's decision to temporarily halt the mandate.

"Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate. WE WON. Just this morning, citing 'grave statutory and constitutional issues,' the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin's unconstitutional overreach!" Texas Attorney General Ken Paxton wrote on Twitter on Saturday.

Yesterday, I sued the Biden Admin over its unlawful OSHA vax mandate.

WE WON. Just this morning, citing “grave statutory and constitutional issues,” the 5th Circuit stayed the mandate. The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach! pic.twitter.com/okt2vkNRKo

— Texas Attorney General (@TXAG) November 6, 2021

On October 29, Paxton accused the Biden administration of expressing "its disdain for Americans who choose not to get a vaccine, and it has committed repeated and abusive federal overreach to force upon Americans something they do not want."

The lawsuits filed by mostly GOP-led states alleged that the government's mandate is an overreach that usurps the authority of states to determine their own health policies.

The government has until Monday to respond to the petitioners' motion, according to a court document. Meanwhile, the petitioners have until Tuesday to file any reply.

Those who have sued the government include attorney generals from Alaska, Arizona, Arkansas, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, Iowa, and Wyoming.

Other states that challenged Biden's mandate on Friday include Texas, Louisiana, Mississippi, South Carolina, Utah, Kansas, Kentucky, Idaho, Ohio, Oklahoma, Tennessee, West Virginia, Alabama, Florida and Georgia.

Missouri Attorney General Eric Schmitt said in a court filing that represented 11 states that "the mandate is unconstitutional, unlawful, and unwise."

Texas Governor Greg Abbott, a Republican, was pleased by the latest court decision and said that emergency hearings will take place soon.

BREAKING: The Federal Court of Appeals just issued a temporary halt to Biden’s vaccine mandate.

Emergency hearings will take place soon.

We will have our day in court to strike down Biden’s unconstitutional abuse of authority. pic.twitter.com/8utmU05vw3

— Greg Abbott (@GregAbbott_TX) November 6, 2021

"We will have our day in court to strike down Biden's unconstitutional abuse of authority," he Tweeted on Saturday.

Newsweek contacted the White House and the Labor Department for comments.

On Friday, White House Principal Deputy Press Secretary Karine Jean-Pierre defended the mandate.

"The new emergency temporary standard is well within OSHA's authority under the law and consistent with OSHA requirements to protect workers from health and safety hazards, including infectious disease," Jean-Pierre said. "This is something that we believe that we have authority to do."

Appeals Court Freezes Vaccine Mandate for Companies
A federal appeals court on Saturday has temporarily halted the COVID vaccine mandate for companies after over two dozens states sued the Biden administration over requiring millions of workers to get vaccinated by January 4 or undergo regular testing and wear masks. Above, a VIP StarNETWORK medical staff member prepares a Pfizer-BioNTech coronavirus (COVID-19) vaccine at a #VAXTOSCHOOL pop-up site at Life of Hope Center on October 21, 2021 in New York City. Photo by Michael M. Santiago/Getty Images

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