An appeals court on Friday upheld its decision to pause President Biden’s sweeping vaccine mandate for private companies, calling the rule “staggeringly overbroad.”
A three-member panel of the 5th US Circuit Court of Appeals in New Orleans cited “grave statutory and constitutional” concerns about the mandate, which would force all full and part-time workers at businesses with 100 or more employees to be vaccinated or get tested weekly and wear face masks.
“The mandate is a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers),” Circuit Judge Kurt Engelhardt wrote for the panel in its opinion.
The mandate — issued by the Occupational Safety and Health Administration in September — states that employers must make sure all workers have the COVID-19 shot or are undergoing weekly tests by Jan. 4. Those that fail to comply face a $14,000 fine per infraction.