Louisiana Businessman Says Challenging Biden’s Vaccination Mandate Was ‘No-brainer’ | Louisiana
(The Center Square) – When Brandon Trosclair decided to challenge President Joe Biden’s employees’ COVID-19 vaccination mandate in court, he was unaware the effort would temporarily block policy nationwide.
The case could also lead to a permanent injunction this week, preventing the mandate from reaching private companies with 100 or more employees – affecting an estimated 84 million workers – and likely setting up a battle in the United States Supreme Court. .
âMaybe I’m a little naive, but I thought I would be one of the thousands of lawsuits,â Trosclair said in a telephone interview Monday with The Center Square. “I just thought it was obvious to get involved and do it because it’s the right thing to do.”
Trosclair resides in Ascension Parish and employs nearly 500 people in 15 grocery stores in Louisiana and Mississippi. Represented by attorneys from the New Orleans-based Pelican Institute for Public Policy and the Liberty Justice Center, a public interest law firm, he and six Texas workers filed a lawsuit against the Biden administration on Friday.
The lawsuit challenged an “emergency temporary standard” allowing the Occupational Safety and Health Administration (OSHA) to impose mandatory vaccinations or weekly testing regimens for unvaccinated private sector workers. The standard includes a Jan. 4 deadline for vaccinations and fines of nearly $ 14,000 per employee for non-compliance.
The Fifth US Court of Appeals sided with Trosclair on Saturday, ending the term for “serious statutory and constitutional issues.”
Trosclair said he was excited about his employees and American workers after the decision. The appeals court “validated what we already thought,” he said.
âAt first we weren’t sure if we were going to fit within the parameters of the mandate, given that it applies to 100 different employees and we have 15 different entities. When I found out that we would be mandated, it was a pretty obvious thing for me to get involved because the government was putting me in a position to fire employees for not having taken the vaccine or doing several tests each week. “, did he declare. said, adding that the tests would be expensive.
Sarah Harbison, general counsel for the Pelican Institute, said in an interview that the private employer’s mandate is “a bare attempt to push political goals through administrative process and bypass Congress.”
Harbison explained that the Fifth Circuit has prevented the policy from coming into effect until it can decide to lift the temporary stay or issue a permanent injunction.
The appeals court gave the administration until 5 p.m. Monday to respond. Trosclair’s response to the government’s response is expected Tuesday at 5 p.m.
âA final decision could be made as early as Wednesday,â Harbison said.
Biden announced the employer’s vaccination mandate in September. The OSHA standard was announced Thursday.
âWhile I would have much preferred that the requirements not become necessary, too many people remain unvaccinated for us to be able to come out of this pandemic for good,â Biden said.
States and Republican-led attorneys general filed several lawsuits Friday challenging the legality of the mandate.
A coalition of 11 states sued the U.S. Eighth Court of Appeals, seven states filed with the U.S. Sixth Court of Appeals, and three states filed with the U.S. Eleventh Court of Appeals.
The New Orleans Fifth Circuit was the first court to issue a ruling, which combined the Trosclair case with several petitioners, including the states of Louisiana, Mississippi and Texas.
Trosclair said he didn’t expect the wave of public attention that followed. He said he will rely on his faith no matter what.
He also said that there is “strength in numbers”.
âWe the people still have power in this country. We must unite not only to fight against this illegal mandate, but against any federal excess, âhe said.