As more than 1100 Americans continue to die every day from COVID-19, the Department of Labor delivered a brief pushing back against a temporary injunction blocking the recently issued OSHA Vax-or-Test mandate. DOL attorneys told the New Orleans-based 5th Circuit Court of Appeals judges that the stay “would likely cost dozens or even hundreds of lives per day.”
Republican attorneys general in at least 26 states — most of which have Republican Governors — have challenged the OSHA emergency standard in five different U.S. appeals courts. The first requirements of the standard involving development of a policy and masking for non-vaccinated workers, come into effect on December 5. The vaccinate-or-test requirement comes into effect January 4.
Data shows a significantly higher COVID-related death rate in counties that voted for Trump in the 2020 election than those that voted for Biden. This is mainly due to the lower level of vaccinations among Republicans.
that the states, businesses and religious groups that requested the stay of the private-business mandate aren’t likely to succeed given earlier court rulings, federal law and “the considerable evidence that OSHA analyzed and discussed when issuing” the requirement.
“Nor have petitioners shown that their claimed injuries outweigh the harm of staying a Standard that will save thousands of lives and prevent hundreds of thousands of hospitalizations,” the filing added.
It pointed to the surge in infections caused by the delta variant of Covid-19, saying that voluntary safety measures “proved ineffective” so OSHA had to step in.
The White House also weighed in. Deputy Press Secretary Karine Jean-Pierre told employers “Do not wait to take actions that will keep your workplace safe.”
“The administration clearly has the authority to protect workers, and actions announced by the President are designed to save lives and stop the spread of COVID-19.”
Shut Down the Government?
“We need Republicans to stand up and say we’re not gonna fund the government on Dec. 3 with a continuing resolution if these mandates stay in place,” he told “The Faulkner Focus” on Fox News.
“So I’m calling on my colleagues to stand strong and not fund the government that’s going to go do propaganda on our kids and put these unconstitutional mandates in place,” he added.
The Continuing Resolution that is currently providing government funding runs out on December 3.
The lottery to decide which Appeals Court will make the ultimate decision on the constitutionality of the standard and whether to continue the injunction (assuming the 5th Circuit panel makes the injunction permanent) will be held November 16, according to the U.S. Department of Justice.
The ultimate destination is likely the Supreme Court:
David Vladeck, a professor of law at Georgetown University, said there’s a “high probability” that the case will end up before the Supreme Court. “There are justices on the court who want to rein in the administrative state and this is a case in which those concerns are likely to come to the fore.”
More than 752,000 people have died in the U.S. from Covid, according to the Centers for Disease Control and Prevention.