Louisiana Businessman Calls on US Supreme Court to Block OSHA Vaccination Mandate | national news
(The Center Square) – Louisiana businessman Brandon Trosclair is asking the United States Supreme Court to stop the Biden administration’s COVID-19 vaccination mandate affecting private employers with 100 or more employees.
Trosclair is represented by the Liberty Justice Center and the Pelican Institute for Public Policy, based in New Orleans. His trial The challenge to the vaccination warrant contributed to a ruling by the U.S. Fifth Court of Appeals in November that suspended the warrant nationwide.
That Fifth Circuit ruling, however, was recently dissolved by the U.S. Sixth Circuit Court of Appeals in Ohio.
Trosclair and a group of workers from Texas deposit emergency requests to the Supreme Court over the weekend. Justice Brett Kavanaugh has requested a response from the federal government no later than December 30.
“This fight must go to the United States Supreme Court, and we look forward to protecting the rights of our clients and all Americans in this historic fight,” said Patrick Hughes, president of the Liberty Justice Center.
Sarah Harbison, general counsel for the Pelican Institute, said: “The Fifth Circuit was right when it issued the initial stay in the case filed by Brandon Trosclair in Louisiana, arguing that there were” serious constitutional and statutory issues With the warrant. This fight is not over.
The mandate, which is promulgated by the Occupational Safety and Health Administration (OSHA), will run as planned, unless the Supreme Court rules unconstitutional the administrative rule affecting 100 million workers.
Companies with 100 or more employees are required to make COVID-19 vaccinations mandatory or impose weekly testing schedules by January 4. Employers will face fines of nearly $ 14,000 per worker for non-compliance.
In a 2-1 decision on Friday, a Sixth Circuit panel said: “[I]It’s hard to imagine what more OSHA could do, or what else it could rely on to justify its conclusion that workers face a serious hazard in the workplace.
The now-disbanded Fifth Circuit said the mandate was a “single hammer that makes virtually no attempt to accommodate the differences between workplaces (and workers).”
A dispute in the Supreme Court would likely involve both arguments.
Trosclair, who resides in Ascension Parish, employs nearly 500 people in 15 grocery stores in Louisiana and Mississippi.
“When I found out that we would be mandated, for me it was a pretty obvious thing to get involved because the government was putting me in a position to lay off employees for not taking the vaccine or doing multiple tests. every week, “he added. he said in a previous phone interview.
Trosclair added that the weekly testing would incur an exorbitant expense for businesses and employees.
“I just thought it was obvious to get involved and do it because it’s the right thing to do,” he said.
The US Department of Labor issued a statement after the Sixth Circuit ruling, stating that “OSHA can once again implement this vital occupational health standard, which will protect workers’ health by mitigating the unprecedented spread of the virus. At work “.
Government lawyers argued COVID-19 is both a “physically harmful agent and a new hazard,” which allows OSHA, a workplace safety agency, to mandate COVID-19 vaccinations and testing.
OSHA has said it will not impose fines on businesses until Jan. 10, provided employers act in good faith when transitioning to mandate requirements.