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Breaking: Fifth Circuit Court of Appeals Upholds Stay On Employer Vaccine Mandate


Let us call this a hot of the presses breaking news matter for a late Friday evening.  A few hours ago, the Fifth Circuit Court of Appeals upheld a stay it previously issued that will prevent the Biden Administration’s vaccine mandate for employers with 100 or more employees from taking effect.

Readers might recall that a stay was recently issued by the Fifth Circuit with time allowed for the Biden Administration to file a response.  The Biden Administration did just that and framed the vaccine mandate as a life or death matter that was needed to prevent widespread infections and deaths.

In the opinion issued this evening by the Fifth Circuit, the Court rejected the arguments made by the Biden Administration, pointing out that the vaccine mandate did not account for differences in workplaces (where some workers might be working side by side while others might work solo).  The Court went on to question the Biden Administration’s life or death argument since the vaccine mandate did not apply to employers with 99 or fewer employees.

For those hoping that the Fifth Circuit would undo its prior stay of the vaccine mandate...this is a swift blow to those hopes.  With that being said, there are other cases pending in different circuits so this is certainly not the last we have heard on the matter.  In fact, in the opinion issued this evening, the Court noted the stay could be lifted if another court issued a ruling overturning the stay.  At some point, perhaps sooner rather than later, this matter is likely to end up before the Supreme Court.


For a copy of the Fifth Circuit’s opinion:  https://www.ca5.uscourts.gov/opinions/pub/21/21-60845-CV0.pdf

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