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U.S. COVID-19 Vaccine Mandate Revived, Supreme Court Showdown Looms

Submitted by jhartgen@abi.org on

A U.S. appeals court on Friday reinstated a nationwide vaccine-or-testing COVID-19 mandate for large businesses, which covers 80 million American workers, prompting opponents to rush to the Supreme Court to ask it to intervene, Reuters reported. The ruling by the U.S. Court of Appeals for the Sixth Circuit lifted a November injunction that had blocked the rule from the Occupational Safety and Health Administration (OSHA), which applies to businesses with at least 100 workers. "It is difficult to imagine what more OSHA could do or rely on to justify its finding that workers face a grave danger in the workplace," said the opinion. "It is not appropriate to second-guess that agency determination considering the substantial evidence, including many peer-reviewed scientific studies, on which it relied." President Joe Biden unveiled in September regulations to increase the adult vaccination rate as a way of fighting the pandemic, which has killed more than 750,000 Americans and weighed on the economy. The ruling coincides with public health officials bracing for a "tidal wave" of coronavirus infections in the United States as the more transmissible Omicron variant spreads rapidly worldwide. "While we are disappointed in the Court’s decision, we will continue to fight the illegal mandate in the Supreme Court," South Carolina Attorney General Alan Wilson said on Twitter. "We are confident the mandate can be stopped." Within hours of the ruling, at least three petitions were filed with the U.S. Supreme Court, asking it to immediately block the mandate. Read more

In related news, the Labor Department has delayed until Feb. 9 the deadline for full enforcement of its rule requiring large companies to have their workers get coronavirus vaccines or be tested weekly, after weeks of legal battles created uncertainty and confusion for employers, the New York Times reported. The department’s move came on Saturday, a day after a federal appeals panel reinstated the Biden administration's rule requiring that companies with at least 100 employees mandate their workers be vaccinated against the coronavirus or face weekly testing by Jan. 4. The rule had also mandated that those employers require masks for unvaccinated workers by Dec. 5. Read more