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https://www.washingtonpost.com/business/2021/11/12/biden-vaccine-mandate-court-…

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The Washington Post is a major American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper in the Washington metropolitan area and widely read around the country. The newspaper has won 47 Pulitzer Prizes. It employs around 800 journalists and had a 2015 daily circulation of 356,768. Its digital circulation was 1,000,000 in 2018.

Jeff Bezos bought the paper in 2013. Tensions between he and the newsroon have continued; in 2024 and 2025, multiple personnel resigned over the paper's non-endorsement of Kamala Harris and editorial changes advanced by Bezos.

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Gerald Herbert/AP

A federal appeals court in New Orleans has halted the Biden administration’s vaccine or testing requirement for private businesses, delivering another political setback to one of the White House’s signature public health policies.

A three-judge panel of the U.S. Court of Appeals for the 5th Circuit, helmed by one judge who was appointed by President Ronald Reagan and two others who were appointed by President Donald Trump, issued the ruling Friday, after temporarily halting the mandate last weekend in response to lawsuits filed by Republican-aligned businesses and legal groups.

Calling the requirement a “mandate,” the court said the rule, instituted through the Labor Department, “grossly exceeds OSHA’s statutory authority,” according to the opinion, written by Judge Kurt D. Engelhardt and joined by Judges Edith H. Jones and Stuart Kyle Duncan.

“Rather than a delicately handled scalpel, the Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly ‘grave danger’ the Mandate purports to address,” they wrote.

They said they believed that the ruling imposed a financial burden on businesses and potentially violated the commerce clause of the Constitution.

“The Mandate imposes a financial burden upon them by deputizing their participation in OSHA’s regulatory scheme, exposes them to severe financial risk if they refuse or fail to comply, and threatens to decimate their workforces (and business prospects) by forcing unwilling employees to take their shots, take their tests, or hit the road,” they wrote.

The New Orleans-based 5th Circuit is considered one of the country’s most conservative appeals courts.

The vaccine mandate was released by the Biden administration last week after weeks of deliberation. It says private employers with more than 100 employees must require staff to get vaccinated — or face weekly testing and mandatory masking. Workers who don’t work on-site or with others are able to be exempted.