November 6, 2021:
"U.S. President Joe Biden‘s rule forcing businesses of over 100 employees to mandate the Covid vaccine has been temporarily halted by the Fifth Circuit court of appeals.
Attorneys general for several states, including Texas, Louisiana, and Utah, joined advocacy and business groups in the petition, which is not the only legal challenge faced by the administration over the rule.
“Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby STAYED pending further action by this court,” reads the ruling issued on Saturday.
Louisiana Attorney General Jeff Landry called the ruling “a major win for the liberty of job creators and their employees,” in a tweet shortly after the ruling was handed down.
The administration used Occupational Safety and Health Administration (OSHA) as the means for the rule, which would not have taken effect until January. The mandate, called an “emergency temporary standard” by the administration, would also include inspections by OSHA and fines for non-compliant businesses.
The government has until Monday at 5pm to respond to the request for a permanent injunction. It is likely the issue will eventually end up before the Supreme Court.
“I am grateful our courts recognize the egregious overreach from the Biden administration into the personal health decisions of citizens and that businesses won’t be forced to enforce this unconstitutional rule,” Utah’s House Speaker Brad Wilson, a Republican, told Salt Lake’s Fox-13.
It is this rule that Newsmax cited this week in handing down their own new vaccine mandates, a move that angered some of their primary audience.
UPDATE: Read the two-page ruling, issued by a 3-judge panel that includes two Trump-appointees here: https://s3.documentcloud.org/documents/21099470/5th-circuit-stay-on-vaccine-mandate.pdf