WASHINGTON (TND) — With nearly 60% of the country's population fully vaccinated, 27 states are challenging the Biden administration’s vaccine mandate for private employees and healthcare workers.

The 5th U.S. Circuit Court of Appeals issued a temporary emergency stay Saturday on President Joe Biden’s vaccine mandate, according to the Associated Press, which has the potential to affect 100 million workers across the country. “Over two-thirds of all workers in the United States are now covered by vaccination policies,” said an unnamed senior Biden administration official during a press call.

The Department of Labor’s Occupational Safety and Health Administration (OSHA), which enforces the mandate, released a detailed set of rules Friday. Among them, private companies with 100 employees or more must require employees get vaccinated by Jan. 4, or test weekly for COVID-19.

Failure to comply could lead to a $13,653 fine per violation, which goes up ten times for willful violations. Proposed reconciliation legislation for President Biden’s Build Back Better bill seeks to raise the willful violation penalty to $700,000.

Democratic Kansas Gov. Laura Kelly, whose state is among those filing lawsuits, criticized Biden’s vaccine mandate. “Yesterday, I reviewed the new vaccine mandate from the Biden Administration,” Kelly said in a statement she posted to social media. “While I appreciate the intention to keep people safe, a goal I share, I don't believe this directive is the correct, or the most effective, solution for Kansas.”

In addition to the 5th Circuit Court of Appeals, the four other circuit courts of appeals are also currently handling lawsuits from states attorneys general, according to Just The News.

The 5th Circuit is compelling the government to provide an expedited reply to the motion for permanent injunction Monday, with petitioners’ reply to come Tuesday, according to the AP.

"Opposition to this rule is being led by the retail industry and aided by 3 highly partisan judges who have already made blatantly political ruling," former longtime head of OSHA David Michaels said on social media. Michaels called the rule "a straightforward public health measure which requires large employers to insist that workers who are not vaccinated be tested weekly and wear a mask, to avoid infecting other workers."

Lawrence Gostin, a law professor at Georgetown University, said no one has a right to enter a workplace “unmasked, unvaxxed and untested,” according to the AP. He said it was troubling a federal appeals court would obstruct public health safety measures with COVID-19 still looming. “Unelected judges that have no scientific experience shouldn’t be second-guessing health and safety professionals at OSHA,” Gostin said.