Announced in mid-September, the mandatory vaccination, which also covers healthcare workers and employees of federal agency contractors, is one of the most radical measures taken by the United States government in an attempt to curb an epidemic that already it has killed 750,000 people in the country and is undermining the economic recovery.
It was adopted this week by the government, and was immediately challenged in court in particular by the Republican-controlled state of Texas, opposed to any vaccination obligation to fight the coronavirus pandemic.
In its decision, the federal appeals court with jurisdiction in that huge southern US state ruled that the plaintiffs had “made arguments suggesting that there are serious constitutional and procedural problems” with the government text.
Therefore, the measure is “suspended” pending the examination of the merits by the court.
“We will be able to challenge Biden’s unconstitutional abuse of power in court,” Conservative Texas Governor Greg Abbott, who has already banned mandatory vaccination in his territory, commented on Twitter. He added that the hearings will take place “soon.”
Even if it’s just a suspension, it’s a major setback for Joe Biden, who had just achieved his first major legislative victory with the adoption in Congress on Friday of his infrastructure investment plan.
“Better way”
“Vaccination is the best way out of this pandemic,” Biden had said in a statement published on Thursday, indicating that he would have “preferred to avoid this obligation” intended to affect more than two-thirds of the country’s workforce.
“Too many people are still not vaccinated so that we can finally get out” of the pandemic, he estimated.
The suspended text leaves the employer to take whatever action it deems appropriate, including penalties, against those who resist vaccinations and regular testing. The companies that do not want to implement the obligation are exposed, according to the norm to a fine of between 13,000 to 136,000 dollars.
The White House had anticipated that the new rule would be imposed in all states, including those that have adopted laws prohibiting employers from requiring vaccination, masks or anticovid tests.
However, in the country of individual freedoms, the measure unleashes criticism from the Republican opposition, which denounces a “dictatorship.”
Several companies, including the meat giant Tyson Foods or the airline United Airlines, had already prepared the ground by imposing these obligations on their employees since the end of September.
Biden, elected to head the world’s leading economic power almost a year ago, has made the fight against covid-19 one of the pillars of his presidency.
But after a successful start to the vaccination campaign, it fell apart, triggering the spread of the virus and partially halting the economic recovery promised by the Democratic leader.
About 58% of the US population has been immunized as of November. This represents an increase since August, when the decrees began to be announced.
Most of the workers want to be vaccinated and agree with the measures. The AFL-CIO, the largest labor union in the United States, says this is “a step in the right direction.”