December 20, 2021 |
Joe Biden’s vaccine mandate on private businesses is back in play and headed toward the U.S. Supreme Court. A federal appeals court on Friday reinstated OSHA’s vaccine-or-test rule for medium and large businesses, lifting the 5th U.S. Circuit Court of Appeals’ stay on the requirement.
Wyoming’s legal challenge to the mandate is included in Friday’s ruling. After a winning a ping-pong lottery that bundled the myriad of lawsuits that were filed following the publication of the rule on November 5th into a single case, a three-judge panel from the 6th U.S. Circuit Court of Appeals in Cincinnati, granted the administration’s request to lift the stay.
Judge Julia Gibbons, a George W. Bush appointee, and Jane Stranch, an Obama appointee, were in favor of granting the administration’s request. Joan Larsen, a Trump appointee, dissented.
OSHA’s requirement would make private businesses with 100 or more employees mandate the COVID-19 vaccine or have employees test weekly for the virus. The mandate has faced more than a dozen lawsuits from states, businesses and other groups looking to overturn the rule, which is set to take effect Jan. 4.
Almost immediately, 27 businesses groups responded to the decision, filing an appeal to the Supreme Court to block the mandate. They argued the OSHA rule would ”harm” thousands of businesses across industries.
The applications for a stay were submitted to Justice Brett Kavanaugh as the justice who supervises the Sixth Circuit.
As of Sunday afternoon, Governor Mark Gordon had not issued a statement regarding Friday’s ruling. Wyoming joined Missouri’s lawsuit over the mandate. Missouri Attorney General Eric Schmidt was among those who sought relief from the U.S. Supreme Court on Friday. Schmidt tweeted, “This was always destined to go to the nation’s highest court and I’ll continue to fight back against this breathtaking overreach.”
The Biden administration also faced a setback Friday when the 11th Circuit Court of Appeals refused its request to lift an order blocking its vaccine mandate for federal contractors.
Related: Courts pause enforcement of vaccine mandate for healthcare workers nationwide
Related: Judge blocks vaccine mandate for healthcare workers in Wyoming, nine other states
Related: Wyoming lawmakers busy drafting bills addressing COVID vaccine mandate ahead of special session
