AUSTIN – Today, the Fifth Circuit Court of Appeals granted the Texas Public Policy Foundation’s emergency motion to stay enforcement of the Biden Administration’s private employer vaccine mandate citing “grave statutory and constitutional issues with the Mandate.”

TPPF filed the motion on behalf of a coalition of Texas temporary staffing businesses arguing that Congress has never given the Occupational Safety and Health Administration the power to try and end pandemics, nor does it have the power to regulate in this way companies who do not operate outside state lines.

“The quick turnaround by the Fifth Circuit to stay the mandate signifies the deep and obvious constitutional problems with the federal government’s private employer vaccine mandate,” said TPPF’s General Counsel Robert Henneke. “That should send a message to the White House the mandate is not only ill-conceived but unconstitutional.”

View the motion