Biden faces uphill climb on vaccine mandate © Greg Nash The legal fight over the Biden administration’s workplace vaccine mandate was transferred to a Cincinnati-based federal appeals court Tuesday where experts say the administration may soon face an uphill climb as it seeks to have the mandate reinstated. The move came after a Washington, D.C., judicial panel selected the 6th Circuit court at random from the nation’s 12 regional federal appeals courts and combined the various legal challenges filed across the country into a single lawsuit. The process resembled a Powerball drawing: ping pong balls representing each court were drawn from a wooden drum. The random drawing took place after the New Orleans-based Fifth Circuit Court of Appeals court temporarily blocked the workplace mandate, which requires businesses with at least 100 employees to have their workers either receive the COVID-19 vaccine or submit to regular testing and mask-wearing by Jan. 4. The rule was issued by the Department of Labor's Occupational Safety and Health Administration (OSHA). Federal law gives OSHA the authority to issue an emergency temporary standard if it determines workers are exposed to a “grave danger” that necessitates a rule. However, the states and private companies argue that COVID-19 is not a "grave danger" specific to the workplace, saying the rule is an unlawful overreach of federal power. Although the Cincinnati-based Sixth Circuit Court of Appeals, where the case has been reassigned, is considered somewhat less conservative than the Fifth Circuit court that rebuffed the mandate, Tuesday’s move was hardly a resounding victory for the administration, legal experts said. Read more here. Virtual Event Announcement--The Hill's Future of Healthcare Summit: Tackling Costs & Pathways to Care--Wednesday, November 17 starting 1 PM ET COVID-19 has presented extraordinary challenges for our nation’s communities and the healthcare systems that serve them. As we move from pandemic response to recovery, how are we addressing the social, economic, and environmental factors that influence health and overall access? Join The Hill for our final Future of Healthcare Summit of the year. Sen. Bill Cassidy, M.D. (R-La.), Rep. Tony Cárdenas (D-Calif.), Andy Slavitt, AMA Past President Dr. Patrice Harris join an exciting line-up for a discussion on advancing access, the pursuit of health equity and resetting the care paradigm. RSVP Today. |
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