“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,” 5th Circuit Court concludes.
The 5th Circuit Court of Appeals has temporarily blocked Joe Biden’s employer vaccine mandate on Saturday pending a final hearing.
“The Federal Court of Appeals just issued a temporary halt to Biden’s vaccine mandate. Emergency hearings will take place soon. We will have our day in court to strike down Biden’s unconstitutional abuse of authority,” Abbott tweeted.
The ruling comes just one day after Texas Attorney General Ken Paxton filed a petition for review in the 5th Circuit challenging the validity of Biden’s mandate.
The court determined that Paxton’s petition makes a valid argument that Biden’s vaccine mandate is unconstitutional, and so will be suspended pending further review.
“Before the court is the petitioners’ emergency motion to stay
enforcement of the Occupational Safety and Health Administration’s
November 5, 2021 Emergency Temporary Standard2 (the ‘Mandate’)
pending expedited judicial review,” the three-judge panel stated.
“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,” they ruled.
The Biden administration declared this week that businesses with over 100 employees must enforce the vaccine mandate by January 4, 2022 or subject employees to masks and weekly COVID tests.
11 other states have filed suit against the Biden administration over the vaccine mandate this week in the St. Louis-based 8th U.S. Circuit Court of Appeals.
“This mandate is unconstitutional, unlawful, and unwise,” said the court filing by Missouri Attorney General Eric Schmitt.