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| Judge Julia Smith Gibbons wrote the prevailing decision for the court that reinstated the vaccine mandate on Friday |
Published: December 17, 2021
By: Stephen M. Lepore
- The ruling by the 6th US Court of Appeals in Cincinnati lifted a November injunction that had blocked the rule from OSHA
- Vaccine requirement would apply to companies with 100 or more employees and would cover about 84 million workers
- The law 'authorizes OSHA to act on its charge 'to assure safe and healthful working conditions for the nation´s work force,' the ruling said
- President Joe Biden unveiled in September regulations to increase the adult vaccination rate as a way of fighting the pandemic
- Companies such as United have used mandates to increase the number of vaccinated employees, often with only a small number of workers refusing shots
A federal appeals court panel on Friday allowed President Joe Biden's COVID-19 vaccine mandate for larger private companies with more than 100 employees to move ahead.
The 2-1 decision by a panel of the 6th U.S. Circuit Court of Appeals reverses a decision by a federal judge in a separate court that had paused the mandate nationwide.
RELATED: RESPONDING TO UNCONSTITUTIONAL MANDATES: How to File a Formal Complaint Against An Employer
The rule from the U.S. Occupational Safety and Health Administration (OSHA) was to take effect on January 4.
In a swift response, 27 businesses filed an appeal to the Supreme Court to block the mandate late Friday. They argued the OSHA rule would 'harm' thousands of businesses across industries.
The vaccine requirement would apply to companies with 100 or more employees and would cover about 84 million workers.
Employees who are not fully vaccinated would have to wear masks and be subject to weekly tests. There would be exceptions for those who work outdoors or only at home.
With Friday's ruling, it's not clear when the requirement would be put in place.
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 that OSHA was not authorized to make the emergency rule.
A US appeals court on Friday reinstated President Joe Biden's nationwide vaccine-or-testing Covid-19 mandate for large businesses
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| A syringe is prepared with the Pfizer COVID-19 vaccine at a vaccination clinic at the Keystone First Wellness Center in Chester, Pennsylvania |
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| Potter Stewart United States Courthouse in Cincinnati is the home of the US 6th Circuit Appeals Court |
The case was consolidated before the Cincinnati-based 6th circuit, which is dominated by Republican-appointed judges.
Of the two ruling in favor of the OSHA mandate, one was appointed by Democratic president Barack Obama and the other by a Republican. The dissenting judge was appointed by former President Donald Trump.
'Given OSHA's clear and exercised authority to regulate viruses, OSHA necessarily has the authority to regulate infectious diseases that are not unique to the workplace,' Judge Julia Smith Gibbons wrote in her majority opinion.
Arkansas Attorney General Leslie Rutledge said she would ask the U.S. Supreme Court to block the order.
'The Sixth Circuit´s decision is extremely disappointing for Arkansans because it will force them to get the shot or lose their jobs,' she said.
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| The United States has reached over 50 million positive tests for the coronavirus dating back to March 2020 |
South Carolina Attorney General Alan Wilson, who also is chairman of the Republican Attorneys General Association, said in a Twitter message Friday that he was confident the mandate could be stopped.
The mandate had been blocked for now in 24 states - 14 involved in a case reviewed by the 5th U.S. Circuit Court of Appeals in New Orleans and 10 where it was halted by a Nov. 29 ruling by a federal judge in St. Louis.
President Joe Biden unveiled in September regulations to increase the adult vaccination rate as a way of fighting the pandemic, which has killed more than 800,000 Americans and weighed on the economy.
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| Senator Joe Manchin of West Virginia was one of two Democratic senators joining with Republican colleagues to attempt to stop his vaccine mandate |
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| Vaccine mandates are deeply controversial in the United States. Supporters say they are a must to put an end to the nearly two-year coronavirus pandemic, while opponents argue they violate the Constitution and curb individual liberty |
It also comes after the omicron variant continues to rip through the nation, with cases increasing over 30 percent day-by-day.
Companies such as United Airlines have used mandates to increase the number of vaccinated employees, often with only a small number of workers refusing the shots.
However, as recently as Friday, several companies had decided to suspend vaccination requirements - including Boeing, Amtrak, Spirit AeroSystems and General Electric.
Republicans, conservative groups and trade organizations sued over the OSHA rule, arguing the agency overstepped its authority.
The rule set a January 4 deadline for compliance, although it unclear if that will be enforced because the rule was blocked for weeks.
This comes after the Biden administration on Thursday asked the U.S. Supreme Court to lift rulings by two lower courts that put the president's COVID-19 vaccine mandate for healthcare workers on hold, saying the shots were crucial before an expected winter spike in cases.
The business-backed Job Creators Network, a party to the case, expressed disappointment with the ruling.
'This mandate adds an incredible burden on small business owners who are still suffering negative effects of the pandemic,' the group said in a statement. 'JCN has immediately asked the Supreme Court to save businesses and employees from this government overreach.'
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