A federal appeals court in New Orleans has halted the Biden administration’s vaccine or testing requirement for private businesses, delivering another political setback to one of the White House’s signature public health policies.
A three-judge panel of the U.S. Court of Appeals for the 5th Circuit, helmed by one judge who was appointed by President Ronald Reagan and two others who were appointed by President Donald Trump, issued the ruling Friday, after temporarily halting the mandate last weekend in response to lawsuits filed by Republican-aligned businesses and legal groups.
Calling the requirement a “mandate,” the court said the rule, instituted through the Labor Department, “grossly exceeds OSHA’s statutory authority,” according to the opinion, written by Judge Kurt D. Engelhardt and joined by Judges Edith H. Jones and Stuart Kyle Duncan.
“Rather than a delicately handled scalpel, the Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly ‘grave danger’ the Mandate purports to address,” they wrote.
They said they believed that the ruling imposed a financial burden on businesses and potentially violated the commerce clause of the Constitution.
“The Mandate imposes a financial burden upon them by deputizing their participation in OSHA’s regulatory scheme, exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road,” they wrote.
The New Orleans-based 5th Circuit is considered one of the country’s most conservative appeals courts.
Ted Kaczynski, the Unabomber, Has Been Diagnosed with Terminal Cancer
This follows his transfer to a medical facility in December
The new comes from a letter he wrote:
Foreign-born population soars to new record under Biden; highest rate of immigrants since 1910
The U.S. has had a massive surge in immigration this year, with as many as 1.5 million newcomers and a record 46.2 million foreign-born people, according to a report for the Center for Immigration Studies.
After a deep trough last year, likely because of the COVID-19 pandemic and the travel and migration restrictions imposed to control the spread, the flow of people rebounded around the time President Biden was elected.
In numbers never seen before, they are coming legally through airports and land border crossings and illegally across the Rio Grande and remote regions of Arizona and California.
“There was pent-up demand for legal immigration, and illegal immigration has exploded in one of the greatest surges, if not the greatest, we’ve ever seen,” said Steven A. Camarota, the demographer who was the chief author of the report. “It’s driving the numbers up and up and up.”
As it stands, 14.2% of the U.S. population is foreign-born, or 1 out of every 7 people. That is the highest rate of immigrants in the population since 1910, when the number was 14.7%. At current trends, the government says, the U.S. will break that record well before the end of this decade.
Those numbers are even starker given the reversal of trends.
The data showed a drop of 1.2 million immigrants from February to September 2020, likely the result of coronavirus restrictions blocking new entrants, even as outmigration continued. That left the population of the foreign-born — the Census Bureau’s term — at 43.8 million.
It was up to 45 million by January and marched steadily to the current 46.2 million total shown for last month.
In the year after President Trump’s election, the immigrant population flattened.
Biden Vaccine Mandate for Contractors Blocked Nationwide
- Mandate one of a set of Biden vaccine initiatives
- States say contractor requirement violates Constitution
The Biden administration’s mandate for federal contractors’ employees to be vaccinated will be halted nationwide, amid a slew of challenges from states that say the president overstepped his authority in requiring the Covid-19 shots.
Led by Georgia, the seven states that challenged the mandate set to take effect on Jan. 4 are likely to succeed in their lawsuits against the administration’s order, U.S. District Court Judge R. Stan Baker of the Southern District of Georgia said in an order issued Tuesday.
The Biden administration mandate applies to roughly a quarter of the U.S. workforce and affects companies that do business with the federal government, including Lockheed Martin Corp., Microsoft Corp., Alphabet Inc.‘s Google, and General Motors Co.
Baker’s order follows a Kentucky federal judge’s grant last week of a preliminary injunction in a lawsuit involving Kentucky, Tennessee, and Ohio. Baker echoed what his Kentucky counterpart said, that blocking the mandate didn’t indicate that the vaccine wouldn’t be effective to stopping the spread of Covid-19, but rather that Biden didn’t have the power to issue such an executive order.
Representatives from Georgia universities testified during an injunction hearing earlier this month, arguing that implementation of the mandate would be expensive, onerous, and cost them valuable employees who haven’t yet presented proof of vaccination. Those schools receive millions from the federal government.
The court found that the states could likely prove that Congress didn’t clearly authorize the president to issue the mandate, and that it “goes far beyond addressing administrative and management issues in order to promote efficiency and economy in procurement and contracting.” The 2017 nominee of President Donald Trump said, instead, the executive order works as a “regulation of public health.”
Neither the lawyers representing the state coalition nor the U.S. government immediately responded to emailed requests for comment.
Idaho Gov. Brad Little cheered Tuesday’s ruling in a statement. The state is part of the Georgia-led contractor mandate challenge, as well as lawsuits against the Occupational Safety and Hazard Administration’s shot-or-test emergency regulation for large U.S. businesses, and another inoculation rule for healthcare workers.
“Yet another one of President Biden’s vaccine mandates have been temporarily shut down because the states—including Idaho—took a stand against his unprecedented government overreach into Americans’ lives and businesses,” Little said in the statement. “All three mandates are now completely stalled. We will continue to press forward in our fight against the federal government’s bad policies.”