Factbox: COVID-19 and the U.S. courts
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Tom Hals
(Reuters) – Recent court decisions have blocked many of Biden’s regulations and rules aimed at increasing vaccinations against COVID-19 in the United States. This disease has claimed more than 800,000. Americans died and is a major economic drag on American growth.
Republican state lawyers general, religious organizations and businesses challenged vaccine requirements.
Separately, the courts upheld vaccination requirements that were imposed by universities, private employers and other state or local government agencies.
The following is an overview of all vaccine regulations issued by the Biden administration and their status.
VACCINE FOR WORKPLACE OR TESTING RULE
The U.S. Department of Labor’s Occupational Safety and Health Administration, OSHA (November) issued a rule requiring that all employers employing 100 people or more must ensure that their employees are properly vaccinated.
In November, a federal appeals court blocked the application of this requirement to workers over 80 million. This decision is being challenged by the U.S. government.
MANDATE FOR HEALTHCARE VACCINE
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.
The requirement applies to over 17 million healthcare workers. Louisiana’s federal judge blocked nationwide implementation of the rule when Dec. 6, the deadline for healthcare workers to receive their first shots, arrived. An appeals court reversed the decision and an injunction was placed in 26 states to prevent enforcement.
CMS has not updated the vaccination deadlines for health care providers in the 25 states, where it has been restored.
CONTRACTOR MANDATE
In September, President Joe Biden signed an executive order requiring federal contracts to contain clauses mandating that contractors have their workers vaccinated against COVID-19. This could affect thousands of workers.
On Dec. 7, a federal judge in Georgia temporarily blocked the administration’s ability to enforce the rule across the country.
MANDATE FOR FEDERAL WORKERS
Biden made an executive directive in September that required federal employees to have COVID-19 vaccinations by Nov. 22 to assure safety and efficiency in the civil service. Federal workers were held to comply with the order.
Although at least 17 lawsuits were filed challenging the order, no judge allowed a temporary block to the rule. This is generally because the judges ruled that the government can mandate vaccinations when they are acting as employers.
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