CINCINNATI (Legal Newsline) -The Sixth Circuit Court of Appeals has dissolved the Fifth Circuit’s stay on President Biden’s OSHA vaccine mandate, 2-1.
The mandate's suspension, which had been in place since November, was lifted late Friday. The stay had been the result of a petition filed in the Fifth Circuit Court of Appeals by Louisiana business owner Brandon Trosclair and a group of Texas workers at CaptiveAire Systems.
Through attorneys at the national law firm Liberty Justice Center and Louisiana-based Pelican Institute for Public Policy, Trosclair has filed an emergency appeal with the U.S. Supreme Court to stop the federal government’s vaccine mandate on private business.
"This is the most egregious overreach of the federal government in a generation and Americans will not stand for it," said Patrick Hughes, president and co-founder of Liberty Justice Center. "The Biden Administration does not have the legal authority to mandate Americans put shots into their arms or lose their jobs."
General counsel at the Pelican Institute, Sarah Harbison, said the fight is not over.
"We will continue to fight for the rights of workers and entrepreneurs and put a permanet end to this illegal mandate when it reaches the Supreme Courty," she said.
Others are likely to join the emergency appeal to SCOTUS.
Texas Attorney General Ken Paxton called it a "bad decision by a left-leaning panel (Bush and Obama judges)" at the Sixth Circuit.
"It’s un-American to force an unconst vax mandate on private biz, forcing people to choose b/w unemployment & an irreversible med procedure," Paxton tweeted. "I will immediately take this to SCOTUS to seek a reversal."