US Factbox-COVID-19 and the U.S. courts: challenges to Biden vaccine rules
Private companies must require vaccines for workers. It's the only way to get past COVID.
Biden and the US government are limited by politics and unclear authority. But private vaccine mandates are legal, ethical and, above all, effective.The unfortunate consequence is that the highly transmissible delta variant is causing surges in cases, hospitalizations and even deaths throughout the country, particularly in spots with low vaccination rates.
By Tom Hals
(Reuters) - Courts have recently blocked many of the Biden administration's rules and regulations aimed at increasing U.S. vaccination against COVID-19, which has killed more than 780,000 Americans and weighs on economic growth.
The vaccine requirements have been challenged by Republican state attorneys general, businesses and religious groups that alleged the administration exceeded its authority.
Separately, courts have upheld vaccine requirements imposed by private employers, universities and state and local governments.
Omicron isn't a surprise to advocates who have fought for global vaccine equity
People in richer countries, even if fully vaccinated, won't be safe until those in poorer nations have the benefit of vaccines, experts have argued.For a year since COVID-19 vaccines first became available, a small but vocal group has warned about the need to protect the most vulnerable around the world.
Below is a look at the various Biden administration vaccine regulations and the status of the legal challenges.
WORKPLACE VACCINE OR TESTING RULE
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) in November issued a rule requiring all employers with 100 or more employees to ensure their staff are fully vaccinated or produce a negative COVID-19 test once a week and wear a face covering.
The requirement, which will apply to over 80 million workers, was blocked in early November by a federal appeals court for the duration of the legal proceedings. The U.S. government is seeking a review of that decision.
HEALTHCARE VACCINE MANDATE
The Centers for Medicare & Medicaid Services (CMS) said in early November it would require COVID-19 vaccinations for workers in most healthcare facilities that receive Medicare or Medicaid reimbursement, from hospitals to home health agencies.
Overnight Health Care — Presented by March of Dimes — Omicron sets off a flurry of responses
Welcome to Monday's Overnight Health Care, where we're following the latest moves on policy and news affecting your health. Subscribe here: thehill.com/newsletter-signup.We hope everyone got some rest over the past few days! Obviously there was plenty of health care news over the break with the rise of the omicron variant. Much more on that, as we dive in below. President Biden addressed the nation Monday on the variant, with a message not to panic and above all to get vaccinated and get boosted.For The Hill, we're Peter Sullivan (email@example.com), Nathaniel Weixel (firstname.lastname@example.org) and Justine Coleman (email@example.com).
This requirement would apply to over 17 million healthcare workers, who would have to get an initial shot by Dec. 6 and a second dose by Jan. 4. Rulings in late November by federal judges in Louisiana and St. Louis blocked the requirement nationwide.
The government has asked a federal appeals court to revive the mandate.
President Joe Biden issued an executive order in September that requires federal contracts to include clauses mandating contractors get their employees vaccinated against COVID-19, which could potentially affect millions of workers.
A federal judge in Georgia on Dec. 7 temporarily blocked the administration from enforcing the rule nationwide.
FEDERAL WORKER MANDATE
Biden issued an executive order in September requiring federal employees to get vaccinated by Nov. 22 against COVID-19 to ensure the safety and efficiency of the civil service, and 96.5% of federal workers were considered in compliance.
At least 17 lawsuits challenged the order and no judge granted a request to temporarily block the rule, generally because they determined the government could mandate a vaccine when acting as an employer.
(Reporting by Tom Hals in Wilmington, Delaware; Editing by Lisa Shumaker, Kevin Liffey and Mark Potter)
Senate Republicans move to block Biden's vaccine mandate with help from Democrats Manchin, Tester .
The effort is unlikely to get anywhere in the House. The fate of the mandate will lie in the hands of the courts, which are weighing challenges.Biden announced this fall that businesses with 100 or more employers would have to require their workers to get vaccinated against COVID-19 by Jan. 4, or be tested at least weekly. The rule, issued through the federal Occupational Safety and Hazards Administration, is already on hold thanks to the ruling last month of a federal appeals court which called it "staggeringly overbroad.