On Friday, a federal appeals court upheld the Biden administration’s COVID vaccination requirement for major corporations, overturning another court’s decision to halt the mandate.
A lower court previously stopped the order. The ruling is the latest chapter in a long-running legal struggle that the Supreme Court will almost certainly determine shortly.
One year ago today, Joe Biden promised there would be no vaccine mandate.
— Ronna McDaniel (@GOPChairwoman) December 4, 2021
Effects of the Mandate
As per Politico, a coalition of 27 industry organizations filed an expedited appeal with the nation’s highest court on Friday, seeking to overturn the lower court’s requirement.
They asserted the mandate would cause “damage” to thousands of small and medium-sized enterprises.
Employers with 100 or more workers are required to have their staff get immunized against COVID-19 or agree to weekly testing under the terms of the Biden vaccination mandate.
The requirement becomes effective on January 4.
A three-judge panel of the United States Court of Appeals for the Sixth Circuit found the Biden government may implement the policy through the Labor Department’s Occupational Safety and Health Administration (OSHA) in a decision that was 2-1.
Understanding the “old norm” is not going to be coming back, employers and employees have looked for new forms of a workplace that would preserve the health and safety of the people who make their livelihood there and of the environment.
The majority opinion was written by Judge Jane Branstetter Stranch, appointed by President Barack Obama.
The Occupational Safety and Health Administration (OSHA) provided recommendations to companies seeking information on safeguarding their employees against COVID-19 transmission, while resuming normal business operations.
There have been at least 27 court cases on the requirement, with businesses and religious organizations claiming it is illegal. The regulation creating the mandate has sparked a wave of legal challenges from states around the country.
Threat to Retaining Staff
The Fifth Circuit Court of Appeals ruled on November 12 that OSHA should not take any action to administer or implement the mandate until a further court ruling is issued, reiterating an earlier judgment.
According to the court, the requirement exposes the applicants to significant financial risk and constitutes a threat to their ability to retain their staff (and business prospects).
Boeing dropped its employee vaccination requirement after a court blocked enforcement of President Biden's vaccine mandate for federal contractors. Companies have said that the mandate makes hiring difficult at a time when workers are scarce. https://t.co/3NWS3uT6yh
— The New York Times (@nytimes) December 17, 2021
As a result of the verdict, the Biden administration was obliged to cease the implementation of the requirement. However, on Friday, the Sixth Circuit Court of Appeals determined the mandate was necessary to restrict the spread of the infection.
As Stranch pointed out in her opinion, the consequences of postponing the fulfillment of the [mandate] are disproportionately significant. On a fundamental level, the [ruling] represents a crucial step in preventing the spread of a dangerous illness.
On the other hand, opponents claim the program is a backdoor attempt to coerce the populace into being vaccinated. The Job Creators Network, a business-backed organization that is a party to the lawsuit, expressed displeasure.
According to the organization, this regulation places a significant strain on small company owners who are still suffering from the epidemic’s effects, which began in 2009.
JCN has promptly petitioned the Supreme Court to intervene and protect companies and workers from this overreach by the administration.