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U.S. federal appeals court freezes Biden's vaccine rule for companies

CoronavirusNov 06, 2021 07:01PM ET
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2/2 © Reuters. FILE PHOTO: A woman holds a small bottle labeled with a "Coronavirus COVID-19 Vaccine" sticker and a medical syringe in front of displayed USA flag in this illustration taken, October 30, 2020. REUTERS/Dado Ruvic 2/2

By Mike Scarcella

WASHINGTON (Reuters) -A U.S. federal appeals court issued a stay Saturday freezing the Biden administration's efforts to require workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly, citing "grave statutory and constitutional" issues with the rule.

The ruling from the United States Court of Appeals for the Fifth Circuit comes after numerous Republican-led states filed legal challenges against the new rule, which is set to take effect on Jan 4.

In a statement, Solicitor of Labor Seema Nanda said the Labor Department was "confident in its legal authority" to issue the rule, which will be enforced by the Occupational Safety and Health Administration (OSHA).

"The Occupational Safety and Health Act explicitly gives OSHA the authority to act quickly in an emergency where the agency finds that workers are subjected to a grave danger and a new standard is necessary to protect them," she said. "We are fully prepared to defend this standard in court.”

An average of about 1,100 Americans are dying daily from COVID-19, most of them unvaccinated. COVID-19 has killed roughly 750,000 people in the United States.

The stay comes two days after the Biden administration unveiled the rule, which was immediately met with vows of legal action from Republican governors and others, who argued it overstepped the administration's legal authority.

The action on the private-sector vaccinations was taken under OSHA's emergency authority over workplace safety, officials said. The rule applies to 84.2 million workers at 1.9 million private-sector employers, according to OSHA.

The administration's various vaccine rules cover 100 million employees, about two-thirds of the U.S. workforce, according to the White House.

Saturday's court order came in response to a joint petition from several businesses, advocacy groups, and the states of Texas, Louisiana, Mississippi, South Carolina and Utah. The rule is also facing separate legal challenges before other courts.

The two-page order directs the Biden administration to respond to the request for a permanent injunction against the rule by 5 p.m. Monday.

U.S. federal appeals court freezes Biden's vaccine rule for companies
 

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Comments (12)
Eleanor Lipson
Eleanor Lipson Nov 07, 2021 5:04PM ET
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Joe Biden represents an example of the "Peter Principle" whereby an individual advances up the latter of success in their specific field of endeavor until they reach a position for which they are incompetent. and after which they stagnate until they are replaced by a successor of greater competence and ability.
Ma Va
Ma Va Nov 07, 2021 5:04PM ET
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Dear Eleanor, I wish you were right! How wonderful it would be to see our Presidents get replaced by smarter and more competent folks every election cycle. While exactly that happened in the last election, I don’t think that is the norm.
Ma Va
Ma Va Nov 07, 2021 9:54AM ET
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How humanizing is the government’s perspicuous fear-mongering on Covid?vaccine (n.) - from Latin vaccina, fem. of vaccinus “pertaining to a cow” …. Interestingly, Old English for bull is “fearr”.
Cheng Tian Yu
Cheng Tian Yu Nov 07, 2021 9:07AM ET
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Yo guys so I’ve been looking at multiple small-cap holding companies. It’s honestly pretty difficult to find a good one with good fundamentals. Does anyone here have any advice?
no spin
no spin Nov 07, 2021 2:55AM ET
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(NAC) supplement look it up. used since the early 70s . The government now want to ban it so you can only get it with a prescription. Stock up folks
Special Forces
Special Forces Nov 06, 2021 9:12PM ET
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simple, get vaccine receive medical coverage, no vaccine no medical coverage
JC Barrios
TexasAutos210 Nov 06, 2021 9:12PM ET
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Google SM 102 and educate your selves on what it means not for human or animal consumption. Read: discovery
Felipe Daniel
Felipe Daniel Nov 06, 2021 9:12PM ET
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America was founded on freedom
Ma Va
Ma Va Nov 06, 2021 9:12PM ET
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Joseph Vogt I also think he is Funny!
Ma Va
Ma Va Nov 06, 2021 9:12PM ET
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How about specialized clinics for the uninsured, served only by staff who refuse vaccination?
Ma Va
Ma Va Nov 06, 2021 9:12PM ET
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Ma Va sorry my fault, I meant “unvaccinated”, not “uninsured”
Alan Reasin
Alan Reasin Nov 06, 2021 7:29PM ET
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I have to tell you since the US media and government does not supply detailed info on vaxx'ed vs unvaxx'ed deaths, one has to go to the UK, where they do and 63% of the deaths from covid are from those vaxx'ed.  The therapeutics the US calls vaccinations, at best, are now known to be only somewhat effect up to 6 months.  The D variant along with the "vaccines'" temporary immunization along with the 27 times (Israeli study) more viral load by those vaxx'ed, severely limits the "vaccines" protection and increases the spread of the virus.   And as to the spread, during the 4 weeks of October 2021 there were 69% more cases and 85% more deaths from covid with 80% of all Americans and over 90% of the elderly vaccinated per the CDC compared to October 2020 when no one were vaccinated, period.  As per Steve Deace's data on 11/4.
Pratt Man
Pratt Man Nov 06, 2021 5:28PM ET
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Italy has not lowered it's death total. They have said that was a fake news story published on a right winged web site.
Pratt Man
Pratt Man Nov 06, 2021 5:27PM ET
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Folks, you have have a right to do what you want with your body.. but you don't have a right to work for a company or to hold a job. That's a privilege.. that's why you interview for it and aren't just given it.
Recovering Baptist
Recovering Baptist Nov 06, 2021 5:27PM ET
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No company has the right to tell any employee to inject themselves with anything.
Jokers R Us
Jokers R Us Nov 06, 2021 5:27PM ET
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And the government especially the Federal government has no RIGHT to DEMAND companies do anything with their employees especially something as invasive as this. Everyone hates you do you not understand that?
Peter Tripoli
Peter Tripoli Nov 06, 2021 5:09PM ET
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Coming on the heels of Italy's downgrading COVID deaths from over 130,000 to under 4,000, one has to once again question how deadly the pandemic truly is.  Because it really seems like it is being as an excuse for the petty tyrants, here and abroad, to flex their muscles at the expense of the average citizen.
Pratt Man
Pratt Man Nov 06, 2021 5:09PM ET
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That was actually a fabricated story. Italy said it was fake news. They haven't lowered their death total at all
Eero Rintala
Eero Rintala Nov 06, 2021 4:20PM ET
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what happened to my body my choice?
Jokers R Us
Jokers R Us Nov 06, 2021 4:20PM ET
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that only applies to Republican policies
Dave Keasey
Dave Keasey Nov 06, 2021 3:48PM ET
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If the courts allow this Brandon administration order to stand, the next step will be their back-door effort to force vaccination on virtually everyone.  They will do this by requiring that all these businesses verify the vaccination of ANY person who enters their premises, for any reason.  The excuse will be that it is justified by the need to protect the workers at their job site.
Jokers R Us
Jokers R Us Nov 06, 2021 3:48PM ET
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They are too cowardly to use the military cause they know they'd kick off a revolution
Jose Maderno
Jose Maderno Nov 06, 2021 2:57PM ET
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It is the Democrat/Communist way -- abuse your authority and hope the slowness of the justice system continues to enable your dictatorial mandates.  Use the corporations for enforcement as they are not held to the same standards.  Reuters backs this abuse of power 100%.  The government is incompetent and should have presented ALL of the science to convince people that the vaccine was truly in their best interest.  Now, the population does not believe anything or anybody.  Especially the press.
 
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