Louisiana fifth circuit court of appeals rules

The government must provide an expedited reply to the motion for a permanent injunction Monday, followed by petitioners' reply on Tuesday. The 5th Circuit, based in New Orleans, said it was delaying the federal vaccine requirement because of potential вЂњgrave statutory and constitutional issuesвЂќ raised by the plaintiffs. The administration says it is confident that the requirement, which includes penalties of nearly $14,000 per violation, will withstand legal challenges in part because its safety rules preempt state laws. The Biden administration has been encouraging widespread vaccinations as the quickest way to end the pandemic that has claimed more than 750,000 lives in the United States. To me thatвЂ™s the heart of the entire issue,вЂќ he said.ДЄt least 27 states filed lawsuits challenging the rule in several circuits, some of which were made more conservative by the judicial appointments of President Donald Trump. Never before has the federal government tried in a such a forceful way to get between the choices of an American citizen and their doctor. вЂњThis is a great victory for the American people out there. Such circuit decisions normally apply to states within a district - Mississippi, Louisiana and Texas, in this case - but Landry said the language employed by the judges gave the decision a national scope. The Justice Department will vigorously defend this rule in court.вЂќ OSHA has the authority 'to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them,' she said.ДЄ spokesman for the Justice Department, Anthony Coley, said in a statement: вЂњThe OSHA emergency temporary standard is a critical tool to keep AmericaвЂ™s workplaces safe as we fight our way out of this pandemic. Labor Department's top legal adviser, Solicitor of Labor Seema Nanda, said the department is 'confident in its legal authority to issue the emergency temporary standard on vaccination and testing.вЂќ 'The president will not impose medical procedures on the American people without the checks and balances afforded by the constitution,вЂќ said a statement from Landry, a Republican.

Louisiana fifth circuit court of appeals rules