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Biden Administration Asks US Appeals Court to Reinstate OSHA Vaccine Rule

By Jack Phillips

The Biden administration on Nov. 23 asked the U.S. 6th Court of Appeals to reject an order from another federal appeals court and reinstate its Occupational Safety and Health Administration vaccine mandate for private businesses with 100 or more workers.

Several lawsuits that challenge the OSHA rule, known as an emergency temporary standard, were combined into one and sent to the Cincinnati, Ohio-based 6th Circuit Court, of which 11 of 16 judges are Republican appointees.

Two days after OSHA published the rule, scheduled to go into effect on Jan. 4, the Louisiana-based U.S. 5th Court of Appeals issued an order blocking the mandate. Last week, in a scathing ruling, the panel of judges on the appeals court reaffirmed their previous injunction and wrote that the mandate will likely be declared unconstitutional.

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