A more permanent injunction against President Joe Biden’s COVID-19 vaccine mandate for companies with 100 or more employees could be on the way after a U.S. appeals court last week upheld its decision to put a stay on the order, Louisiana Attorney General Jeff Landry told Newsmax Monday.
“We believe the Fifth Circuit has it right,” Landry, a Republican, said on Newsmax’s “National Report.” “We’re looking for a more permanent injunction in the next few days.”
Last week, a three-member panel of the 5th U.S. Circuit Court of Appeals in New Orleans called the Biden mandate “staggeringly overbroad.”
Circuit Court Judge Kurt Engelhardt also wrote for the panel that the mandate is a “one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers).”
Landry said he thinks the court reaffirmed its decision based on the comments that were coming from Biden, who said while announcing the mandates that his patience was running thin over the vaccines.
“Never before has the government stood in between the decisions of you and your doctor in such an aggressive manner,” said Landry, whose state is one of several that have sought a halt to the mandates. “We look forward to our day in court.”
Further, the court’s order on Friday is “almost the exact order that could be used in order to end this litigation,” said Landry.
“They go through it in a pretty methodical manner,” he continued. “I mean, look over the last 50 years, OSHA has only issued 10 of these emergency rules, and only four have withheld judicial scrutiny.”
Further, OSHA, or the Occupational Safety and Health Administration, which Biden is using for the mandate, has “overstepped its authority,” said Landry.
“When you look at what the Fifth Circuit has said, it’s pretty clear, I think both it (is) an indicator from these judges and other courts and certainly a signal to the U. S. Supreme Court on how this litigation should end up,” said Landry.
Meanwhile, the government-ordered mandates are “creating more anxiety” nationwide, said Landry, whose office is getting calls “consistently” from people who are worried about being able to return to work and not having to worry about a government mandate.
“This is not what America stood on,” said Landry. “This is not the way our constitutional government should be run. We should be able to enjoy freedoms and liberty and the pursuit of happiness. And so again, I think this is doing more to divide the country rather than unite the country.”
Landry, meanwhile, also criticized Biden’s decision to appoint former New Orleans Mayor Mitch Landrieu to supervise the implementation of the $1.2 trillion infrastructure bill, which will be signed into law Monday afternoon.
“I certainly hope he doesn’t leave the country in the same condition that he left New Orleans from an infrastructure point,” said Landry.