The U.S. Justice Department filed its appeal on Nov. 23 before the 6th Circuit Court to reinstate the large private employer vaccination status requirement that the 5th Circuit had stayed after Republican governors and state attorneys general sued.
"The Biden administration on Tuesday asked a federal appeals court to reinstate its coronavirus vaccination or testing requirement for private businesses 'as soon as possible' and to get rid of an earlier ruling that has temporarily blocked one of the White House’s signature policies, set to take effect in January, writes Ann E. Marimow, legal affairs reporter for The Washington Post on Nov. 23.
[Related post: "Court: Federal COVID-19 'Vaccine or Test-and-Mask' Mandate 'Fatally Flawed.'"]
Dozens of legal challenges primarily from Republican-led states, private employers and conservative groups have been consolidated before a single court, the U.S. Court of Appeals for the 6th Circuit [in Cincinnati].
Charlie Savage reported on the consolidation of "at least 34 lawsuits" [pdf] for The New York Times on Nov. 16
A court clerk for the U.S. Judicial Panel on Multidistrict Litigation randomly selected the Court of Appeals for the Sixth Circuit by drawing from a drum containing entries for the twelve regional courts of appeal, each of which has at least one related case pending. The procedure can be used to consolidate cases that are all raising the same issue.
"In a 52-page motion [pdf] filed on Tuesday, the Justice Department urged the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, to lift a judicial stay on proceeding with the rule while it is being challenged in court, saying the requirement would 'save thousands of lives and prevent hundreds of thousands of hospitalizations," reported Savage on Nov. 23.
The Occupational Safety and Health Administration, or OSHA, issued the “emergency” rule earlier this month at the direction of President Biden as one of several vaccine mandates he announced in September. The OSHA rule applies to employers with at least 100 workers, although it exempts those who work at home or exclusively outdoors.
[Related post: Biden Orders Large Employers to Require Vaccination or COVID Testing, September 13, 2021]
"The conservative-leaning 6th Circuit could respond at any time," adds Marimow in the source article. "Regardless of its ruling, the case is likely to be decided by the Supreme Court."
Mandating vaccination yields results
"Ninety-two percent of federal employees and military personnel have received at least one dose of coronavirus vaccine while nearly 5 percent more have asked for exemptions on religious or medical grounds, the White House said Wednesday," reports Eric Yoder for The Washington Post on Nov. 24.
Figures from the Office of Management and Budget formed the most complete accounting to date of compliance with a requirement that federal employees be fully vaccinated as of Nov. 22...
Although the vaccination mandates issued by President Biden in September defined “fully vaccinated” as at least two weeks beyond the sole or second shot, depending on the vaccine, the data released Wednesday characterize employees as vaccinated if they have received at least one dose.
Unlike the OSHA rule that applies to large employers, the requirement for federal workers and contractors is an actual vaccination mandate as there is no provision for weekly Covid testing and masking.
Europe goes further
As posted Monday, Austria has signaled its intent to go further by passing a law that would require all residents to become vaccinated.
The idea may be spreading. Reporting on Nov. 22 on the coronavirus surge in neighboring Germany, Reuters noted that "more politicians backed the idea of compulsory vaccinations."
Related: Mandating and Verifying Vaccinations, July 19, 2021
FULL STORY: Justice Dept. asks court to reinstate Biden’s vaccination policy for businesses
Federal Vax-or-Test Mandate for Large Employers Reinstated
Judges of the U.S. Sixth Circuit Court of Appeals decided, 2-1, to allow the Biden administration's vax-or-test mandate for private sector employers, removing a stay placed on the OSHA rule by the Fifth Circuit. Enforcement begins Feb. 9.
Court: Federal COVID-19 'Vaccine or Test-and-Mask' Mandate 'Fatally Flawed'
The Biden Administration's most sweeping and possibly controversial action to increase COVID vaccinations has been stayed twice by a federal appeals court and is likely headed to the Supreme Court
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The End of Single-Family Zoning in Arlington County, Virginia
Arlington County is the latest jurisdiction in the country to effectively end single-family zoning.
‘Train Daddy’ Andy Byford to Oversee Amtrak’s High-Speed Rail Efforts
Byford, who formerly ran NYC Transit and Transport for London, could bring renewed vigor to the agency’s plans to expand regional rail in the United States.
Seattle Bus Lane Cameras Capture Over 100,000 Violations
An automated traffic enforcement pilot program caught drivers illegally using transit lanes more than 110,000 times in less than a year.
Immigration Grows, Population Drops in Many U.S. Counties
International immigration to the country’s most populous areas tripled even as major metropolitan areas continued to lose population.
$616 Million in Development Incentives Approved for District Detroit
The “Transformational Brownfield” incentives approved by the Detroit City Council for the $1.5 billion District Detroit still require approval by the state.
Affordable Housing Development Rejected for Lack of Third Staircase in Connecticut
The New Canaan Planning Commission rejected a development proposal, including 31 below-market-rate apartments, for lack of a third staircase, among other reasons, at a time when advocates are pushing to relax two-staircase requirements.
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