The Sixth U.S. Circuit Court of Appeals reinstated President Joe Biden’s vaccine-or-test mandate for 84 million workers.
The divided Ohio-based court dissolved the stay in a 2-1 vote that had been issued earlier by the New Orleans-based Fifth U.S. Circuit Court of Appeals.
The Fifth Circuit Court had stated that the mandate raised “grave statutory and constitutional issues.”
“The record establishes that COVID-19 has continued to spread, mutate, kill, and block the safe return of American workers to their jobs. To protect workers, OSHA can and must be able to respond to dangers as they evolve,” said Sixth Circuit Court Judge Jane B. Stranch in her opinion, which was joined by Judge Julia Smith Gibbons.
The court stated that OSHA had historical precedent for using wide discretion to ensure worker safety and “demonstrated the pervasive danger that COVID-19 poses to workers—unvaccinated workers in particular—in their workplaces.”
The Sixth U.S. Circuit Court of Appeals had previously denied the federal government’s motions to transfer OSHA’s lawsuit to Washington, D.C. and hold it in abeyance.
JUST IN: President Biden’s vaccine-or-test rule for 84 million workers is back after a federal appeals court lifted the stay. https://t.co/pBegJxIR30
— NPR (@NPR) December 18, 2021
The decision is expected to be appealed to the Supreme Court.
This is a breaking news story and may be updated as additional information becomes available.