White House tells businesses to proceed with vaccine mandate despite court-ordered pause

The White House on Monday said businesses should move forward with President Joe Biden’s vaccine and testing requirements for private businesses, despite a federal appeals court ordering a temporary halt to the rules.

“People should not wait,” White House Deputy Press Secretary Karine Jean-Pierre told reporters during a briefing. “They should continue to move forward and make sure they’re getting their workplace vaccinated.”

The U.S. Court of Appeals for the 5th Circuit halted the requirements Saturday pending review, writing that “the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate.”

The Republican attorneys general in Texas, Louisiana, Mississippi, South Carolina and Utah, as well as several companies, requested the pause. They argued that the requirements exceed the authority of the Occupational Safety and Health Administration, which will enforce the mandates, and amount to an unconstitutional delegation of power to the executive branch by Congress.

In its response Monday evening, the Biden administration asked the court to lift the pause, dismissing the states’ and companies’ claims of harm as “premature” given that the deadlines for vaccination and testing are not until January. The administration claimed that pausing the requirements “would likely cost dozens or even hundreds of lives per day” as the virus spreads.

David Vladeck, a professor of law at Georgetown University, said there’s a “high probability” that the case will end up before the Supreme Court. “There are justices on the court who want to rein in the administrative state and this is a case in which those concerns are likely to come to the fore,” Vladeck told CNBC.