The many cases for and against the Biden administration’s COVID-19 vaccine mandate for businesses with 100 or more employees have a new court in which to be heard.
Another conservative-leaning venue, the Ohio-based 6th U.S. Circuit Court of Appeals, was chosen Tuesday by a ping-pong lottery conducted by the Washington, D.C.-based Judicial Panel on Multidistrict Litigation to be the court where all the cases—which now number more than 30—will be consolidated.
Of the 6th U.S. Circuit’s 15 judges, 10 were appointed by Republican presidents while five were chosen by Democrats, according to Reuters. The venue was where the state of Kentucky, a conservative media company, and various religious groups filed their challenges.
The vaccine mandate, put in place by the Occupational Safety and Health Administration (OSHA) and much maligned by the trucking industry as a threat to exacerbate the truck driver shortage and further disrupt the supply chain, likely heads for an ultimate hearing at the U.S. Supreme Court.
A second set of states filed a federal lawsuit challenging the Biden administration’s COVID-19 vaccine mandate for health care workers. https://t.co/maGdbteSwd
— FOX 29 (@FOX29philly) November 17, 2021
At least 27 attorneys general, mostly Republicans, sued in various jurisdictions to halt the vaccine rules.
For the U.S. Justice Department, which is representing OSHA, the matter is simply about protecting public health. For the Biden administration, it’s about ensuring as many people as possible receive the protection of the COVID-19 vaccines. All other concerns, they argue, are secondary.
Under the disputed OSHA rulemaking, if individuals choose not to be vaccinated, they must be tested for COVID-19 weekly or within seven days prior to returning to work, with employers not mandated to pay for the testing. By Jan. 4, employers must ensure employees are vaccinated or receive a weekly negative test.
According to OSHA, exempt employees include:
- Those who don’t report to workplaces where others are present.
- Those who work from home.
- Those who work exclusively outdoors.
Employers also must keep records for each employee, including vaccination status and acceptable proof of vaccination. Employers are responsible for providing paid time off (up to four hours) and subsequent sick days after the vaccination, as the shot may cause common side effects such as fatigue, headaches, muscle pain, chills, fever, and nausea.
This story is still developing.
