Brian Patterson Discusses COVID-19 Vaccine Mandates with Yahoo! Finance
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Yahoo! Finance has quoted Akin Gump labor and employment partner Brian Patterson in its article “Biden’s vaccine mandate for federal workers faces an uncertain future.” The article discusses the recent ruling in Texas regarding the enforcement of the Biden-Harris Administration’s COVID-19 vaccine mandate for federal workers.
According to the article, the ruling opposed the administration’s executive order requiring the vaccination of certain non-exempt executive agency workers and aligns with the U.S. Supreme Court’s recent decision to halt the enforcement of Occupational Safety and Health Administration’s (OSHA) vaccine mandate for larger private employers.
Patterson noted that the ruling is likely to stay in Texas, saying “Given the makeup of the 5th Circuit Court of Appeals and the Supreme Court’s recent ruling enjoining the OSHA emergency temporary standard, it seems unlikely that an appeal of the injunction would ultimately be successful. Absent Congressional action, I don't believe the mandate is going to survive.”
Further, Patterson expects that similar cases challenging the administration's mandates will be filed in more liberal courts, which could be beneficial in having the issue addressed by the Supreme Court. However, he notes that those cases will take time, saying “It's going to take a long period of time to get to trial.”
