December 21, 2021
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A federal appeals court panel on Friday allowed President Joe Biden’s COVID-19 vaccine mandate for larger private employers to move ahead, reversing a previous decision on a requirement that could affect some 84 million U.S workers.
The 2-1 decision by a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati overrules a decision by a federal judge in a separate court that had paused the mandate nationwide.
The mandate from the U.S. Occupational Safety and Health Administration was to take effect Jan. 4. With Friday’s ruling, it’s not clear when the requirement might be put in place, but the White House said in a statement that it will protect workers: “Especially as the U.S. faces the highly transmissible Omicron variant, it’s critical we move forward with vaccination requirements and protections for workers with the urgency needed in this moment.”
Republican state attorneys general and conservative groups said they would appeal Friday’s decision to the U.S. Supreme Court.
Twenty-seven Republican-led states joined with conservative groups, business associations and some individual businesses to push back against the requirement as soon as OSHA published the rules in early November. They argued the agency was not authorized to make the emergency rule, in part because the coronavirus is a general health risk and not one faced only by employees at work.
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