January 26, 2022

Sixth Circuit Court of Appeals upholds Biden vaccine mandate setting up Supreme Court fight over mandates

The battle over whether the government can force Americans to get the COVID-19 vaccine rages on in the courts. After an early win, a recent setback means the requirement stands — for now.

The U.S. Appeals Court for the Sixth Circuit ruled in favor of the Biden administration’s requirement for all workers in companies with over 100 employees to get the jab, Fox News reported. The 2-1 decision was handed down Friday and means the issue will head to the U.S. Supreme Court.

President Joe Biden was eager for vaccine mandates, and the Labor Department’s Occupational Safety and Health Administration obliged by crafting its rule for large employees. The rule has already been challenged and was halted by the Fifth Circuit Court of Appeals on Nov. 12.

However, this recent ruling overturns that decision and reinstates the mandate. “Recognizing that the ‘old normal’ is not going to return, employers and employees have sought new models for a workplace that will protect the safety and health of employees who earn their living there,” Judge Jane Branstetter Stranch wrote in the majority opinion. 

In need of guidance on how to protect their employees from COVID-19 transmission while reopening business, employers turned to the Occupational Safety and Health Administration,” the  Barack Obama appointee said. “The costs of delaying implementation of the [mandate] are comparatively high,” Stranch continued in her ruling. “Fundamentally, the [mandate] is an important step in curtailing the transmission of a deadly virus.”

By late Friday, a cohort of 27 business groups had filed a lawsuit with the U.S. Supreme Court citing the “harm” the mandate would cause, the Daily Wire reported. The conservative news outlet led the charge as the first to file immediately after Biden announced his OSHA mandate.

“The lawsuit does not take a position on whether someone should receive the vaccine or not, only against Biden’s mandate, announced earlier this year and unveiled on Thursday morning,” the news outlet said in early November. “The Daily Wire’s lawsuit seeks to overturn Biden’s executive action,” the report went on, “arguing that the order is unconstitutional and that the Biden administration violated federal law in drafting it.”

These mandates are an important issue for the future of freedom in America. Either citizens have the right the choose their own healthcare, or the government does.

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