Update: Coronavirus Vaccination Litigation against Biden Administration

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.

3 minute read

November 28, 2021, 5:00 AM PST

By Irvin Dawid


Coronavirus

Michael Vi / Shutterstock

"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 postBiden 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."

RelatedMandating and Verifying Vaccinations, July 19, 2021

Tuesday, November 23, 2021 in The Washington Post

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

Skyscrapers in Jersey City.

New Jersey’s second-largest city bans standalone data centers

Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.

September 4, 2026 - The Cool Down

A New Jersey train approaches people waiting at the station.

Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds

A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.

7 hours ago - Mass Transit

A tall, gray power plant billows smoke into a blue sky.

EPA erases limits on planet-warming pollution from power plants

Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.

September 15 - New York Times

A white RAPID bus. The lower half is light blue, and says RAPID in purple text. The bus is half visible, appearing from the left side of the image.

Phoenix announces new on-demand transit service, more frequent RAPID buses

Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.

September 15 - KJZZ

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.