A Louisiana-based federal appeals court extended a stay against the Biden administration’s vaccine-or-test requirement for private businesses, finding that the states and businesses challenging the rule “show a great likelihood of success on the merits'
Protesters stand next to a sign during an anti-vaccination rally at the Golden Gate Bridge on Nov. 11, 2021 in San Francisco, Calif. | Justin Sullivan/Getty ImagesA Louisiana-based federal appeals court on Friday extended a stay against the Biden administration’s vaccine-or-test requirement for private businesses, finding that the states and businesses challenging the rule “show a great likelihood of success on the merits.
Engelhardt was appointed to the bench by former President Donald Trump. The other two members of the panel, Judge Kyle Duncan and Judge Edith Jones, were appointed by Trump and former President Ronald Reagan, respectively. Engelhardt agreed that the rules' opponents had standing to sue in the Fifth Circuit writing that: “The Mandate imposes a financial burden upon them by deputizing their participation in OSHA’s regulatory scheme, exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces by forcing unwilling employees to take their shots, take their tests, or hit the road.
The vaccine-or-test requirement was implemented as an emergency temporary standard. OSHA can issue such standards if it determines “that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards,” and that the rule is “necessary” to protect workers from that danger.
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