The U.S. Court of Appeals for the 5th Circuit has again come down against the Biden administration's controversial vaccine and testing requirement for businesses with 100 or more employees.
The rule would mandate that such businesses require employees to either be vaccinated against COVID-19 or be tested weekly. According to the White House, employers would need to ensure that employees receive their shots by Jan. 4 and that workers who remain unvaccinated test negative each week.
The court ruling declares that, "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."
"The Mandate's stated impetus—a purported 'emergency' that the entire globe has now endured for nearly two years, and which OSHA itself spent nearly two months responding to—is unavailing as well. And its promulgation grossly exceeds OSHA's statutory authority," the opinion states.
"Enforcement of the Occupational Safety and Health Administration's 'COVID-19 Vaccination and Testing; Emergency Temporary Standard' remains STAYED pending adequate judicial review of the petitioners' underlying motions for a permanent injunction," the ruling declares.
The move comes after the court last week declared that, "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."
Many Americans have already been vaccinated, and still some have chosen not to get the shots.
Debate continues to rage in the U.S. over the issue of COVID-19 vaccine and testing mandates imposed by the public and private sectors, as some Americans decry the requirements as tyrannical usurpations of personal liberty.