President Biden’s Order Is Being Reinstated By The Justice Department

Nikki Attkisson | Last Updated : November 26, 2021

The administration of Vice President Joe Biden urged a federal appeals court earlier this month to uphold the demand for private enterprises to be vaccinated or tested against the coronavirus as soon as feasible.

President Biden’s Order Is Being Reinstated By The Justice Department

A lower court decision had temporarily delayed one of President Obama’s significant measures, slated to go into force in January. The United States Court of Appeals for the Sixth Circuit has heard a slew of legal challenges from Republican-led states, private firms, and conservative organizations.

President Biden's Order Is Being Reinstated By The Justice Department

It was suspended until the cases were consolidated this month by a new group of judges. The judges said that the Labor Department exceeded its power and led firms to face “economic uncertainty” and “upheaval,” which had the potential to devastate their workforces.

“The serious hazard presented in the workplace by Covid-19,” it said in its letter on Tuesday, should be submitted to federal authorities. 6th Circuit Court of Appeals might respond at any time in the future. The Supreme Court of the United States is expected to consider the case regardless of the outcome of the lower courts.

According to OSHA standards, private enterprises with more than 100 employees must require their workers to be vaccinated or face mandatory testing and masks every week. This policy’s standards are more flexible than those of many other companies, states, and municipalities, yet it has been challenged in court.

OSHA invoked a seldom-used emergency power when it was time to promulgate the rule, which is anticipated to affect 84 million workers. According to the Biden administration, the steps would save more than 250,000 hospitalizations and save more than 6,500 deaths over the course of six months.

When asked whether the 6th Circuit in Columbus, Ohio, will restore the program, authorities suggested the court should limit an earlier order from Louisiana’s 5th Circuit to mandate the masking and testing policy be maintained while the dispute is underway.

“Exceptional and persistent threat to employee safety in the workplace, as well as shown capability of masking and testing to minimize such hazard” need these steps, says the government. Prominent Republican attorneys general have written to the 6th Circuit requesting the court expedite its consideration of a high-profile case by first evaluating it with the usual three-judge panel.

States have told the court that this matter has “exceptional relevance” and would “affect the personal health decisions of tens of millions in the United States.”

“It will be decided whether private enterprises, many of which are still fighting to survive the economic devastation done by COVID-19, will be compelled to contribute resources in assisting the federal government to execute a mass vaccination program,” said Ohio Attorney General Dave Yost in a statement. Despite a statement from the Justice Department, it did not express a position on the request for an initial en banc panel review.

According to the 5th Circuit Court of Appeals, the Biden administration’s policy was a “commandment” in its ruling earlier this month.

As a panel of three justices chosen by Republican presidents put it, “Instead of being treated with care, the Mandate is a sledgehammer which makes little or no attempt to account for variances in workplaces (and employees) that have more than a little influence on the apparently dire threat.”

Nikki Attkisson

With over 15 years as a practicing journalist, Nikki Attkisson found herself at Powdersville Post now after working at several other publications. She is an award-winning journalist with an entrepreneurial spirit and worked as a journalist covering technology, innovation, environmental issues, politics, health etc. Nikki Attkisson has also worked on product development, content strategy, and editorial management for numerous media companies. She began her career at local news stations and worked as a reporter in national newspapers.

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