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Appeals court hits brakes on Biden mandate

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Appeals court hits brakes on Biden mandate

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Citing “grave statutory and constitutional issues,” the federal court of appeals for the fifth circuit issued a stay over the weekend halting implementation of President Biden’s vaccine mandate for businesses with at least 100 employees.

Implemented through the OSHA regulatory process, the rule did not require Congressional approval and will impact an estimated 81 million American workers, including hundreds in Kingfisher County (see related story in the Sunday, Nov. 7, issue.)

Oklahoma was one of 27 states who filed legal challenges in six different federal appeals courts Friday.

If the mandate goes into effect, affected employees who do not receive the shots would be required to begin wearing masks by Dec. 4 and be tested weekly beginning Jan. 4.

OSHA rules included exemptions for workers citing religious objections and remote employees who do not interact in-person with coworkers or customers, as well as those who work only outdoors.

In its response to the court filed on Monday, the Biden administration argued that stopping the mandate from taking effect will prolong the pandemic and “cost dozens or even hundreds of lives per day.”

Attorneys also argued that risks were greater with the mandate than without it.

Administration attorneys also requested that all the federal cases challenging the mandate be consolidated and be heard by a single appeals court on Nov. 16.

If it goes into effect, the mandate will affect workers for large local entities as well as smaller ones which are owned by larger coporations..