A judge appointed by George W. Bush joined with a judge appointed by Barack Obama to lift an injunction on Joe Biden’s vaccine mandate for workers at large companies.
The pair of judges are part of the 6th Circuit Court of Appeals and the mandate will require workers at companies with 100 or more employees to be vaccinated against COVID or undergo weekly testing starting Jan. 4.
The 5th Circuit Court of Appeals had initially blocked the mandate since Nov. 6, a day after it was formally issued by the federal Occupational Safety and Health Administration.
Judge Jane B. Stranch wrote the opinion, with Judge Julia S. Gibbons concurring with Trump appointee Judge Joan L. Larsen dissented.
The three-judge panel of the 6th Circuit found that the injuries asserted by the petitioners “are entirely speculative,” and that the costs of delaying implementation of the rule are comparatively high.
Larsen wrote in her dissent, “As the Supreme Court has very recently reminded us, ‘our system does not permit agencies to act unlawfully even in pursuit of desirable ends.'”
In the dissent, Larsen added that she believes that the petitioners are likely to be successful ultimately.
The 5th Circuit Court of Appeals was chosen at random to decide the consolidated cases that were brought before the courts by Republican state Attorney Generals.
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