The appellate court on Friday upheld its earlier order temporarily suspending President Joe Biden's vaccination and the authority to inspect large companies, rejecting the Justice Department's request to clear the ice.
A panel of three judges based in the Louisiana-based Fifth Circuit said in a 24-page decision that Biden's management order puts companies "at great financial risk if they refuse or fail to comply, and threaten to fire their employees."
"Because of the skeptical assumption that the authority approves the drafting of the constitution, which we do not have to decide today, it still has serious flaws in its terms," the court wrote, pointing to a legal dispute with management.
The judges ruled that the court had also ruled that the court should sit down until further notice.
The vaccination law was announced by the Occupational Safety and Health Administration, or OSHA, earlier this month and is scheduled to take effect in Jan. 4. You need businesses with 100 or more employees to ensure that their employees are fully vaccinated or need employees who do not use them. you are vaccinated against wearing a mask and show negative Covid-19 test results at least once a week. Employers may face penalties for non-compliance.
A group of companies and individuals, including churches, restaurants, and grocery stores, have filed a lawsuit recently, demanding a permanent ban. They are joined by Louisiana, Mississippi, South Carolina, Texas and Utah. The parties argued that OSHA took over its mandate by issuing full authority, and that Covid-19 is not a hazard in the workplace. In addition, they argue that the law will make it harder to keep enough workers in a strong labor market.
In Friday's ruling, the judges ruled in their favor.
"[H] health facilities do not formulate housing policy, and occupational safety managers do not formulate health policy," the court wrote. "In seeking to do so here, OSHA violates the law in which it seizes its power and, most likely, violates the constitutional framework that protects our collective freedoms."
The Department of Justice did not immediately return the request for comment.
Earlier this week, the Department of Justice asked the court to end its first stay, saying the vaccine law reflects "an expert decision that measures are needed to reduce COVID transmission across all U.S. workplaces."
The Department of Justice has also stated that there is no need for an immediate injunction to stop the law because the requirement for a vaccine for unprotected workers does not apply until early December, and the vaccination requirement starts a month later.
Temporary cold, says the department, "could cost several or hundreds of lives a day."