Over the past few weeks, vaccine mandates imposed on employees across the nation have proven controversial. And now the issue has reached a U.S. Federal appeals court as the Biden administration’s vaccine requirement for businesses with more than 100 or more workers faces legal challenges.
"A number of states sued and different circuit courts around the country to try to stop it,' said Arlene Yang, Attorney with Meyers Nave. "And we have at least one court that has agreed that the law should be temporarily halted to determine whether there should be a permanent injunction to stop it completely."
The mandate in question was issued by President Biden on Thursday. It set Jan. 4 as the deadline for large companies to mandate coronavirus vaccinations or start weekly testing for their employees.
"The states are arguing that this is a violation of constitutional law," said Yang.
The temporary halt came just two days after the Biden Administration unveiled the rule. Now the justice department has until 5 p.m. on Monday to respond to the challenger's request for a more permanent pause to the mandate.
Yang says the legal battle could last months. While it remains to be seen if the mandate will continue or be stopped, Yang believes a statewide mandate with similar requirements is likely to happen.
"They've [the state of California has] been issuing regulations and mandates all through the pandemic," said Yang. "And so, if they wanted to, they might go that route themselves."