On Friday night the Sixth Circuit Court of Appeals in a 2-1 ruling reinstated the Biden administration's vaccine mandate for private businesses of 100 or more employees, which overturns a stay from the Fifth Circuit Court of Appeals. The mandate was set to go into effect on January 4, less than a month away, but had been tied up in the courts since President Joe Biden made the announcement on November 4.
It’s a pretty thorough demolition of the Fifth Circuit opinion: major questions doctrine doesn’t apply, CDC eviction moratorium cases are inapposite as precedent, OSH Act clearly grants the authority for the rule, OSHA is owed deference, etc.
— southpaw (@nycsouthpaw) December 18, 2021
A major basis of the lawsuit has been that the Occupational Safety and Health Administration (OSHA) does not have the authority in this instance to mandate vaccines or regular testing for COVID. Friday's latest ruling, however, argues that it does.
"We therefore take a holistic view of the language that Congress chose to include in its statutory authorization to OSHA," the opinion by Judge Jane B. Stranch read at one point.
"Longstanding precedent addressing the plain language of the Act, OSHA’s interpretations of the statute, and examples of direct Congressional authorization following the enactment of the OSH Act all show that OSHA’s authority includes protection against infectious diseases that present a significant risk in the workplace, without regard to exposure to that same hazard in some form outside the workplace," the opinion went on to later say.
Specifically writing about COVID, Stranch's opinion also noted that "[t]he 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."
As Ann E. Marimow reported for The Washington Post, the ruling can be appealed to the U.S. Supreme Court, which is where it is likely headed.
Job Creators Network (JCN) has been involved in lawsuits against the mandate, which has been noted in my previous coverage. JCN President and CEO Alfredo Ortiz weighed in with a comment for Townhall.
"The Job Creators Network is disappointed the 6th Circuit has decided to side with the Biden Administration's illegal employer vaccine mandate—on a Friday night, no less. This mandate adds an incredible burden on small business owners who are still suffering negative effects of the pandemic. This mandate will make it even harder for small business owners to find and keep employees. The 6th Circuit irresponsibly upheld an illegal rule and expects employers to somehow comply with a complicated regulation in a period of two weeks, including the holidays. JCN has immediately asked the Supreme Court to save businesses and employees from this government overreach," he said.