NewsCovering Louisiana


Next steps after court-granted temporary stay on Biden Administration's vaccine mandate

Next steps in Landry lawsuit
Posted at 9:35 PM, Nov 07, 2021
and last updated 2021-11-08 15:28:54-05

A request to temporarily stop the Biden Administration's vaccine for businesses with more than 100 workers has been granted.

This action comes after Louisiana Attorney General Jeff Landry filed a lawsuit challenging the legality of OSHA's new rule.

"Personally this is about protecting Louisianians and right now that's what we're looking forward to doing this week," Landry said. "The decision by the fifth circuit was certainly the right decision and we look forward to a trial on the merits."

Legal expert Andy Trusevich said there are still steps that need to be taken — and that OSHA has an uphill battle ahead when it comes to the Supreme Court's permanent ruling.

"The government has to brief by tomorrow and then your attorney general has until Tuesday to file a reply brief," Trusevich said. "And they'll make a decision on whether they'll repeal the temporary injunction or issue a permanent one, and once they rule it will go right to the US supreme court."

As for the outcome, Trusevich said he believes a compromise will occur.

"I think it will be a 5-4 or 6-3 decision against OSHA," he said. "And I think they will split it by saying OSHA can't mandate vaccinations, but they can mandate testing and wearing a mask -- that's how I think it's going to end up."

In a press release from November 4, OSHA stated that this emergency temporary standard they hope to get approved will affect more than 84 million Americans working in the private sector, thus requiring employers to give workers paid time to get vaccinated, also allowing for paid leave to recover from any side effects.

The organization noted that this ETS does not require employers to pay for testing.

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