The Biden administration said that businesses should ignore a federal court ruling against his vaccine mandate and implement it anyway.
“We think people should not wait,” said White House Deputy Press Secretary Karine Jean-Pierre during Monday’s media briefing. “They should continue to move forward and make sure that they’re getting their workplace vaccinated.”
A panel of judges in the Fifth Circuit Court of Appeals ruled Saturday that the vaccine mandate announced by President Joe Biden should be paused over concerns about its constitutionality. The lawsuit against the mandate was filed by a number of states including Texas, Louisiana, Mississippi, South Carolina and Utah.
“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,” the ruling read.
The court gave the Biden administration until 5 p.m. on Monday to answer the ruling and respond to the request for a permanent injunction from the states.
Seema Nanda, a top lawyer for the Labor Department, said Friday that the Biden administration would fight the order.
Nanda argued that an emergency order from Congress about the pandemic “explicitly gives [the Occupational Safety and Health Administration] 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.”
According to Georgetown University professor of law David Vladeck, the case has a high probability of being taken up by the Supreme Court.
“There are justices on the court who want to rein in the administrative state and this is a case in which those concerns are likely to come to the fore,” Vladeck said to CNBC.
On Monday Jean-Pierre cited the infection and death statistics from the coronavirus to defend the mandate from the Biden administration.
“If that’s not a grave danger, I don’t know what else is, right?” Jean-Pierre said.
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