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New Orleans based federal appeals court temporarily stops COVID-19 vaccine mandate

Published: Nov. 14, 2021 at 10:32 PM CST
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NEW ORLEANS (WVUE) - A New Orleans based federal appeals court upholds its decision to stop the Biden Administration’s enforcement of the COVID-19 vaccine mandate for most U.S. companies. It comes after Louisiana and other states challenged the order.

The Biden Administration’s COVID-19 vaccine mandate for U.S. companies with more than 100 employees have left many people divided on this order.

“If the mandate will help decrease the virus, I’m all in,” said Emile Hoskins.

Sean Henahan agrees, “Yes, I think we need to do everything we can as fast as we can to end the pandemic as quickly as possible.”

Some argue the vaccine does not have the same impact on everyone.

“I disagree with the mandate that people should have to take it. I don’t think people should have to take it. I think it’s our right as American citizens to make that decision,” said Ryan Johnson.

“Two people can get the shot, you can take two people perfectly healthy and one can end up dead and the other can be perfectly fine. You never know how it’s going to react,” said Hailey Braz.

President Biden says the workplace mandate is needed to end the pandemic and restore the economy. On Friday, the New Orleans Fifth U.S. Circuit Court of Appeals sided with the opponents to the order who call the mandate illegal.

This court’s ruling temporarily blocks the Biden’s Administration vaccine mandate for most U.S. companies. It also says it cannot take any more steps to enforce the ruling. It also questions whether the mandate is legal or constitutional.

The next decision could come after this same court reviews whether the mandate is illegal.

“Right now it’s a temporary decision that they will probably affirm within a short period of time but they haven’t done it yet,” said Joel Friedman, Tulane Law Professor.

As for the impacted companies, he says it’s up to them whether to still require employees to get vaccinated.

“We are back right where we were before the mandate unless there is a state law either forbidding them from doing a mandate or requiring them to do a mandate.”

Professor Friedman says the Biden Administration has a couple of options. One of them is pleading with the U.S. Supreme Court to throw out this temporary block until the lower court makes a final decision on the legality of this case.

He adds that it’s unlikely the U.S. Supreme Court will do that. It could be next year before this is resolved by the Supreme Court.

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