The Financial Associated Press (Shanghai, editor Bian Chun) heard that after a federal appeals court upheld a previous suspension of enforcement, the Biden administration has suspended vaccination and testing requirements for private companies and is awaiting further review.
The U.S. Occupational Safety and Health Administration (OSHA) recently issued a statement stating that the agency “has suspended activities related to the implementation and enforcement of vaccination requirements” and “awaits further progress in the litigation”.
On November 4, OSHA under the U.S. Department of Labor issued regulations requiring companies with more than 100 employees to be fully vaccinated before January 4, 2022. Those who have not been vaccinated need to undergo a new crown test and wear masks every week. Violators Will face fines.
Considered to be one of the most conservative courts in the United States, the Fifth Circuit Court of Appeals issued a temporary suspension order on November 6. The implementation is suspended, and the Biden government is required to respond before 5 pm on November 8.
However, on November 8, the White House still urged private business owners to continue to advance the vaccination regulations, and also asked the court to lift the suspension order, claiming that the plaintiff’s mention of injury is “too early” because of the vaccination and virus testing required by OSHA. The deadline is January next year.
The Biden administration also warned at the time that as the virus spreads, the suspension of vaccination requirements “may cause dozens or even hundreds of lives to be lost every day.” The U.S. Department of Labor and the Department of Justice insist that OSHA is acting within the authority set by Congress.
However, on November 12, the Fifth Circuit Court of Appeals rejected the Biden administration’s request and decided to uphold the previous ruling. Judge Kurt D. Engelhardt believes that the Biden administration’s vaccine injunction “has fatal flaws” and is “too broad”, may exceed the power of the federal government and cause “serious constitutional problems.”
Once the vaccine injunction, which was scheduled to take effect on January 4 next year, was issued, it triggered strong opposition from Republicans. At least 27 states filed lawsuits against this new rule in several circuit courts. In addition, due to the impact on the operations of many companies, many private companies and national industry groups, such as the National Retail Federation, the American Trucking Association, and the National Federation of Independent Enterprises, have also filed appeals to overturn the regulations.
After the Biden administration asked a multi-district litigation panel to merge 34 lawsuits into one court by random selection, these cases were transferred to Ohio’s Sixth Circuit Court of Appeals this week. The court ordered the Biden administration to make a single response to all lawsuits by November 30. It is worth noting that judges appointed by the Republican Party occupy a majority of seats in the Sixth Circuit Court of Appeals.
The Sixth Circuit will decide whether to permanently block the Biden administration’s vaccine injunction, and the losing party may appeal to the Supreme Court of the United States.
Carl Tobias, a law professor at the University of Richmond, said Thursday that regardless of the outcome of the Federal Court of Appeals, the case could be decided by the Supreme Court. “No matter which party loses in the Sixth Circuit, it will appeal to the Supreme Court,” Tobias said.