Federal Appeals Court Reinstates Biden’s Vaccine Mandate For Large Businesses

A US federal appeals court on Friday reinstated President Joe Biden‘s COVID-19 vaccine or testing mandate for businesses.

The Biden administration’s rule of having workers at private companies either get vaccinated or get tested weekly for the coronavirus from January 4 has sparked deep controversy in the county.

The ruling by the 6th US Court of Appeals in Cincinnati overturned an injunction by a separate appeals court that blocked the Biden administration’s COVID mandate from taking effect. 

Republican state attorneys general and conservative groups have already said they would appeal Friday’s decision to the US Supreme Court.

The mandatory COVID rules that apply to companies with at least 100 workers, first announced by Biden in September, prompted a backlash — especially from Republican-controlled states.

The rules were formulated by the Occupational Safety and Health Administration (OSHA) in early November. The mandate covers more than 80 million American workers.

“Given OSHA’s clear and exercised authority to regulate viruses, OSHA necessarily has the authority to regulate infectious diseases that are not unique to the workplace,” Judge Julia Smith Gibbons said in her majority opinion. 

OSHA released a statement after the court’s ruling.

“OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.”

Arkansas Attorney General Leslie Rutledge said she would ask the US Supreme Court to block the order.

Friday’s decision is “extremely disappointing for Arkansans because it will force them to get the shot or lose their jobs,” she said.

The rule for private employers is separate from other vaccine mandates announced by the Biden administration that apply to federal government contractors and workers in health care facilities. Those rules have also stirred controversy. 

Nearly 85% of US adults had received at least one COVID vaccine dose, as of Friday evening, according to the Centers for Disease Control and Prevention (CDC). 

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