National industry groups representing retailers, truckers and independent businesses sued the Biden government on Wednesday over its vaccine and testing requirements for private companies, claiming they were causing “irreparable harm”.
The National Retail Federation, the National Federation of Independent Business and the American Trucking Associations notified the US Court of Appeals for the 5th Supply Chains and Labor Markets. “
American Trucking Associations President Chris Spear said in a statement Wednesday that truckers had told the government that the requirements “could have a devastating effect on the supply chain and the economy,” but the government had “unfortunately made up their minds to move forward despite these warnings. “
“That is why we are now unfortunately forced to apply for the revocation of this mandate in court,” said Spear. Labor Secretary Marty Walsh said in an interview with MSNBC on Thursday that most truckers are already exempt from mandates because they usually drive alone.
The 5th District Court of Appeals – considered one of the most conservative in the country – had already halted vaccine and testing requirements on Saturday, writing that the legal challenges “give rise to the assumption that there are serious legal and constitutional problems with the mandate gives”. . “
The court-ordered hiatus came in response to challenges from the Republican attorneys general of Texas, Louisiana, Mississippi, South Carolina, and Utah, as well as several private companies. They argued that the labor protection agency that will enforce the mandates has exceeded its powers by unconstitutional delegation from Congress to the executive branch.
National Retail Federation President Matthew Shay said Tuesday retailers are concerned about the implementation of requirements during the busy Christmas shopping season. The NRF – which represents the country’s largest retailers, including Target and Walmart – sent a letter to President Joe Biden on Friday asking for the deadlines to be extended until after January and asking to meet with the administration on Tuesday .
“We have consistently and repeatedly expressed our concerns about the practical challenges in achieving these arbitrary goals,” Shay said in a statement on Tuesday. “However, it seems our only remaining option is to seek an appeal.”
The National Federation of Independent Business said the mandates restrict the freedom of small business owners and cited the requirements as “a clear example of administrative encroachment.”
White House deputy press secretary Karine Jean-Pierre told reporters Tuesday that the requirements would help companies avoid labor shortages by preventing workers from contracting Covid-19.
The requirements officially went into effect on Friday, starting the countdown for companies with 100 or more employees to ensure that their employees have received the vaccinations required for a full vaccination when they enter the workplace by January 4. Unvaccinated workers must wear masks indoors from December 5th.
In response to Monday’s lawsuits, the Biden government asked the court to lift the hiatus, calling states and corporations claims “premature” as the key deadline for vaccinations or testing doesn’t end until January. The administration also warned the court that discontinuing the requirements “would likely cost dozens or even hundreds of lives a day”. The Department of Labor and Justice also argued that OSHA was acting within its powers established by Congress.
The administration is facing a barrage of legal disputes over vaccine and testing requirements. Republican attorneys general in at least 26 states have sued the requirements in five different US appeals courts. The Republican National Committee has also sued in the DC Court of Appeals.
OSHA, which oversees occupational safety for the Department of Labor, developed the vaccine and testing requirements under the emergency agency established by Congress. This authority enables OSHA to shorten the normal process of developing safety and health standards in the workplace, which can take years.
Top Labor Department attorney Seema Nanda said the administration was “fully prepared to defend this standard in court,” referring to OSHA’s “power to act swiftly in emergencies if the agency determines that workers are at great risk and a new standard is needed to protect them. “
OSHA said in its justification for the requirements on Friday that the “exceptional and urgent circumstances” of the pandemic are forcing the agency to “promptly address the serious threat that COVID-19 poses to unvaccinated workers by urging vaccination.” stimulates “.
As the legal challenges increase, the cases will soon be grouped in a court by random selection among the jurisdictions in which petitions have been filed. The Justice Department said in a filing on Monday that the random selection process is expected to take place on or about November 16.
Georgetown University law professor David Vladeck told CNBC on Monday that there was a “high probability” the case would go to the Supreme Court.
For its part, the White House is calling on companies to push the requirements forward, even as the legal drama unfolds in the country’s federal appeals courts.
“People shouldn’t wait,” Jean-Pierre told reporters on Monday at a briefing. “They should keep moving forward and make sure their workplace is vaccinated.”
– CNBC’s Lauren Thomas contributed to this article.
