Texas Governor Greg Abbott tweeted today “BREAKING: The Federal Court of Appeals just issued a temporary halt to Biden’s vaccine mandate.” The Governor of the nation’s second-most populous state declared that emergency hearings were imminent, noting, “We will have our day in court to strike down Biden’s unconstitutional abuse of authority.”

The Situation

POTUS declared in September that vaccination would be mandatory for workers in businesses with over 100 employees as the fastest path to overcome SARS-CoV-2, the virus behind COVID-19. With over 750,000 lives lost from this pathogen, POTUS undoubtedly considered this massive national mandate as the fastest path to overcome the pandemic.

While the intentions may be well, the results of this declaration have triggered chaos across the country as lawsuits, protests, and sick-outs afflict the land. Problematically, the mandate doesn’t factor in natural immunity nor waning effectiveness (e.g. vaccine durability), which raises a number of concerning questions. What if that waning community continued, for instance? Does that mean boosters will be mandated next? What about exceptions?

Medical Choice vs. Public Health?

The Associated Press (AP) reported that the 5th U.S. Circuit Court of Appeals granted an emergency stay of the requirement by the federal Operational Safety and Health Administration (OSHA) that those federal workers in businesses with 100 or more employees be vaccinated by January 4th or have face mask requirements and weekly tests.

While the government undoubtedly looks at the mandate as purely an emergency public health measure, the opposition considers the mandate an affront to democratic society, violating constitutional rights along the way.

Claim: ‘Unlawful Overreach’

Governor Abbott included the court case in his tweet today involving Louisiana Attorney General Jeff Landry indicating promise in stopping POTUS from his “…unlawful overreach.” The Republican AG declared “The president will not impose medical procedures on the American people without the checks and balances afforded by the constitution” in a statement.

While the Fifth District includes Mississippi, Louisiana, and Texas and these types of decisions typically apply to these states, the judges’ language used today extended the scope of the edict nationally.

Lawsuits Piling Up

TrialSite reports that at least 27 states have already initiated litigation challenging the POTUS declaration across several federal legal circuits in response to the vaccine mandate.

The Fifth Circuit Court of Appeals three-judge panel declared that the cases’ petitioners “give cause to believe there are grave statutory and constitutional issues with the Mandate.” The action was initiated by a number of states — dominated by Republican leadership—along with private sector firms subject to the mandate (that is regulated by OSHA). The court didn’t declare if the order had national impact or it only applied to this particular federal district.

The appeals court next requested that the government come back with a response by this Monday at 5 pm.

Call to Action: TrialSite will continue to follow the lawsuit.