Biden administration asks federal appeals to court to immediately lift pause on business vaccine mandate

- Advertisement -


  • The Justice Department told the US Court of Appeals for the Sixth Circuit that the “threat to workers continues and is enormous” as offices reopen and the highly permeable delta variant spreads.
  • “Delay in the norm is likely to result in large number of hospitalizations, many deaths per day, among other serious health effects,” the DOJ said.
  • The Biden administration told the court to at least let the masking and testing requirement remain in effect due to the litigation.

- Advertisement -

The Biden administration asked a federal appeals court on Tuesday to immediately lift an order halting its COVID vaccine and testing requirements for private businesses, warning that delaying implementation would cost lives and lead to increased hospitalizations. .

- Advertisement -

The Justice Department told the US Court of Appeals for the Sixth Circuit that the “threat to workers continues and is enormous” as offices reopen and the highly permeable delta variant spreads.

The Justice Department in its argument argued, “Simply put, a delay in the norm is likely to result in a large number of hospitalizations, other serious health effects, and enormous costs, in addition to many lives per day. This is in line with the highest order of magnitude.” There is a confluence of losses.” Speed.

- Advertisement -

The Biden administration asked the court to at least allow masking and testing requirements for unvaccinated workers as a stop-gap measure to remain in effect as the litigation goes on.

“Although vaccination is the most effective means of reducing the serious risk of COVID-19 at the workplace, masking and testing remains an effective option for unvaccinated employees,” the administration told the court.

The US is reporting an average of about 95,000 new infections daily, up 14% from the previous week, according to data from Johns Hopkins University. According to Hopkins, an average of more than 1,100 people in the US die from this virus a day.

Nearly 50,000 Americans are currently hospitalized with COVID-19, up 6% over the past week, according to a seven-day average of data from the Department of Health and Human Services.

The Biden administration was forced to halt the implementation and enforcement of its vaccination and testing policy in response to an order from the US Court of Appeals for the Fifth Circuit, one of the most conservative appellate courts in the country. Judge Kurt D. Engelhardt, in an opinion piece for the three-judge panel, said the policy was “seriously flawed” and “overly broad”, raising “serious constitutional concerns”.

There are more than two dozen lawsuits against the Biden policy. Republican attorney generals, private companies, and industry groups such as the National Retail Federation, the American Trucking Association, and the National Federation of Independent Business want the requirements to be reversed. Labor unions have asked courts to expand requirements to cover small businesses and protect more workers.

Those lawsuits were moved to the Sixth Circuit last week after the Biden administration asked a multi-district litigation panel to consolidate cases into a single court through random selection. The Biden administration is now requesting that the Sixth Circuit Court of Appeals, located in Ohio, end the pause ordered by the Fifth Circuit in Louisiana.

The Justice Department, in its motion Tuesday, dismissed the Fifth Circuit’s constitutional concerns as “unqualified,” arguing that businesses require the federal government to protect employees from workplace hazards under the Commerce Clause of the Constitution. does not exceed the right of

The Biden administration also told the Sixth Circuit that the Occupational Safety and Health Administration, which developed the rules under emergency powers, acted well within its authority under the statute established by Congress.

OSHA, which formulates workplace safety policies for the Department of Labor, may shorten the general rule-making process if the Secretary of Labor determines that a new workplace safety standard is necessary to protect workers from serious hazards. The White House has repeatedly said the virus clearly poses a serious threat to workers, pointing to staggering deaths and high rates of transmission across the country.

Biden’s policy required businesses with 100 or more employees to make sure their employees were vaccinated or undergo weekly COVID testing by January 4. Unvaccinated employees were required to start wearing facemasks indoors at work from December 5.

Whatever the Sixth Circuit decides, legal experts agree that the case will eventually end up in the Supreme Court.

,

- Advertisement -

Stay on top - Get the daily news in your inbox

DMCA / Correction Notice

Recent Articles

Related Stories

Stay on top - Get the daily news in your inbox