National Retail Federation President Matthew Shay said Tuesday that retailers are concerned about implementing the requirements during the busy holiday shopping season. They argued that the Occupational Safety and Health Administration, which will enforce the mandates, exceeded its authority in an unconstitutional delegation of authority to the executive branch by Congress. The court-ordered pause came in response to challenges from the Republican attorneys general of Texas, Louisiana, Mississippi, South Carolina and Utah, as well as several private companies. The 5th Circuit Court of Appeals - considered one of the most conservative in the country - had already halted the vaccine and testing requirements pending review on Saturday, writing that the legal challenges "give cause to believe there are grave statutory and constitutional issues with the Mandate." Labor Secretary Marty Walsh, in an i nterview with MSNBC on Thursday, said most truckers are already exempt from the mandates because they are usually driving alone. "So we are now, regrettably, forced to seek to have this mandate overturned in court," Spear said. American Trucking Associations President Chris Spear, in a statement Wednesday, said the truckers told the administration that the requirements "could have devastating impacts on the supply chain and the economy," but the administration has "unfortunately, chosen to move forward despite those warnings."
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