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US Factbox-COVID-19 and the U.S. courts: challenges to Biden vaccine rules

22:10  07 december  2021
22:10  07 december  2021 Source:   reuters.com

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By Tom Hals

FILE PHOTO: U.S. President Joe Biden speaks about authorization of COVID-19 vaccine for children ages 5 to 11 at the White House in Washington © Reuters/EVELYN HOCKSTEIN FILE PHOTO: U.S. President Joe Biden speaks about authorization of COVID-19 vaccine for children ages 5 to 11 at the White House in Washington

(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.

Private companies must require vaccines for workers. It's the only way to get past COVID.

  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.

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.

Pollster Frank Luntz Says Vaccine Hesitancy Among GOP Has 'Transformed' to Opposition

  Pollster Frank Luntz Says Vaccine Hesitancy Among GOP Has 'Transformed' to Opposition "Once you are opposed, it is very hard to change that position. And that's what's happening right now," Luntz said.Luntz has been working with President Joe Biden's administration and public health officials to create messaging for COVID-19 vaccines geared toward those hesitant to get the shots. By mid-June, 51 percent of Republicans said they received at least one shot compared to 83 percent of Democrats, an AP-NORC poll revealed.

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.

CONTRACTOR 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.

usr: 1
This is interesting!