The appeals come as the pandemic rages globally and the omicron variant takes hold over the holiday season.
The legal papers are directed to Kavanaugh because he has jurisdiction over the appeals court that made the ruling. He is likely to refer the matter to the full court. The court asked for responses by December 30 to the mandate challengers’ request.
The Occupational Safety and Health Administration, which falls under the US Labor Department, unveiled the new rules on November 4, citing its authority to issue an emergency temporary standard to protect employees if they are exposed to a “grave danger.” It requires employers with 100 or more employees to ensure that their employees are fully vaccinated or undergo regular testing and wear a face covering at work.
Last Friday, OSHA posted a statement on its website saying that it was “gratified” with the appeals court decision and that to “account for any uncertainty” due to the legal changes it will not issue citations for noncompliance to employers before January 10.
In one application filed by the Buckeye Institute, lawyers argue that the Biden administration, “frustrated with a minority of Americans’ medical choices,” has attempted “to control and surveil the vaccination schedules of enormous swaths of the country’s population.”
Another petition from a coalition of business groups said they would be irreparably harmed by the requirement because they will “permanently lose clients and reputation as a result of losing workers who immediately quit and join smaller companies rather than be vaccinated or tested weekly.”
Lawyers for the Alliance Defending Freedom representing religious nonprofits and businesses said that OSHA had exceeded its authority in issuing the requirement. The groups say they object to the mandate’s “financial burdens, its restrictions on employee hiring, and its coercion of employee choices.”
CNN’s Tierney Sneed contributed to this report.
Source : Nbcnewyork