In the filing, the Justice Department said the petitioners’ legal objections lack merit and rejected their claim that the Occupational Safety and Health Administration’s authority to issue this vaccine mandate is an unconstitutional delegation of legislative power. While the states and private businesses seek emergency relief, the department argued, “most of their asserted harms are at least a month off, and many of their claimed harms relate to a testing requirement that does not become effective until January 2022.”
The OSHA rule does allow for employees to remain unvaccinated if they choose, but the employees must provide verified negative tests to their employers at least weekly and must wear face masks in the workplace.
The Justice Department is asking the 5th Circuit to lift its administrative stay in order to allow the lawsuit to move forward in the way that has been set by Congress. The 10-day process, the department argued in its filing, would play out well before any employee could be required to receive a vaccine, which petitioners argue would be December 7 to comply with the January 4 deadline.
“We think people should not wait,” deputy press secretary Karine Jean-Pierre told reporters. “Do not wait to take actions that will keep your workplace safe. It is important and critical to do and waiting to get more people vaccinated will lead to more outbreaks and sickness.”
“The Department of Labor has a responsibility to keep workers safe and the legal authority to do so,” she added.
In a brief order Saturday, a three-judge appellate panel said the petitioners in the case “give cause to believe there are grave statutory and constitutional issues with the Mandate.”
The court said it would expedite the case and did not specify whether its order would have nationwide effect or would only apply to the states under its jurisdiction.
The Biden administration had announced last week that its vaccine rules applying to private businesses with 100 or more employees, certain health care workers and federal contractors will take effect next year. A number of GOP-led states filed court challenges to the rule, and it appears set for an intense legal battle ahead of implementation dates.
The rule creates two deadlines: businesses must require masks and testing for unvaccinated employees starting December 4 and mandate vaccinations or weekly testing by January 4.
This story has been updated with additional developments Monday.