|
 In a rare win for Biden's pandemic strategy, a three-judge panel of
the 5th U.S. Circuit Court of Appeals in New Orleans ruled that a
lower court
https://www.reuters.com/
legal/government/us-judge-blocks-vaccine-mandate-contractors-three-states-2021-11-30
had the authority to block the mandate in only the 14 states that
had sued and was wrong to impose a nationwide injunction.
The Biden administration mandate requires that healthcare facilities
get staff vaccinated against the coronavirus or lose funding from
the U.S. Centers for Medicare & Medicaid Services, which administers
the two large government healthcare programs.
The rule initially required more than 2 million unvaccinated
healthcare workers to be vaccinated by Dec. 6. It was blocked before
the deadline and remains temporarily blocked in 24 states - the 14
states involved in the case reviewed by the 5th Circuit and 10
states where the mandate was blocked by a Nov. 29 ruling https://www.reuters.com/world/us/judge-blocks-us-covid-19-vaccine-rule-health-workers-10-states-2021-11-29
from a federal judge in St. Louis.
The 14 states that sued are: Alabama, Arizona, Georgia, Idaho,
Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma,
South Carolina, Utah and West Virginia.
The administration argued that the mandate will potentially save
thousands of lives every month, with COVID-19 cases and deaths
expected to spike with the onset of winter and arrival of the
fast-spreading Omicron coronavirus variant. Numerous lawsuits have
been filed seeking to block vaccine mandates issued by governments
and businesses as public health measures amid a pandemic that has
killed more than 800,000 Americans.
The 5th Circuit ruling said the Biden administration had not made a
strong showing that it was likely to prove during the litigation
that it has the authority to impose the rule. The panel included
Judge Leslie Southwick, appointed by Republican former President
George W. Bush, and Judges James Graves and Gregg Costa, both
appointed by Democratic former President Barack Obama.
[to top of second column] |
 The rule is one of three
far-reaching Biden administration requirements
aimed at boosting vaccination rates in the
United States, where infections are rising and
deaths remain above 1,000 per day. Republican
state attorneys general and conservative
organizations and businesses have challenged the
rules.
In November, the 5th Circuit blocked the
administration's workplace vaccine-or-testing mandate
https://www.reuters.com/world/us/
federal-appeals-court-affirms-stay-biden-vaccine-mandate-2021-11-12
for businesses with at least 100 employees. That mandate, issued by
the Occupational Safety and Health Administration (OSHA), is being
reviewed by the 6th U.S. Circuit Court of Appeals in Cincinnati,
dominated by judges appointed by Republican presidents.
On Wednesday, the 6th Circuit sided with the Biden administration,
agreeing to hear the case initially before a three-judge panel
rather than all 16 active judges on the court.
Two Republican-appointed judges used their dissenting opinions from
that order to spell out their opposition to OSHA's mandate, which
could indicate the court is leaning toward reviving the agency's
rule.
"The judges who wrote the opinions could be concerned the court is
going to go the other way," said Brian Abramson, an author on
vaccine law.
(Reporting by Tom Hals in Wilmington, Delaware; Editing by Will
Dunham and David Gregorio)
[© 2021 Thomson Reuters. All rights
reserved.] Copyright 2021 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content
 |
