Biden’s vaccine mandate dealt another legal blow

President Joe Biden is struggling to keep his mandate on COVID-19 vaccines for American workers alive.

Reports indicate that the Biden administration was handed another legal defeat on Friday in its attempt to require employers with more than 100 employees to make their workers get vaccinated for the coronavirus. This time, the loss for the White House came from the federal Sixth Circuit Court of Appeals.

Vaccine mandate

President Biden first announced the highly controversial mandate back in September. At the time, Biden tasked the Occupational Safety and Health Administration (OSHA) with implementing the rule, which applies to most large employers in the U.S.

It took some time, but in November, OSHA finally released its guidelines with regard to the mandate. According to their rules, employers with more than 100 employees must either force these employees to roll up their sleeves for the shot or undergo frequent testing for COVID-19. The agency gave these employers until early January 2022 to comply or face hefty fines.

The rule was immediately challenged by Republican attorneys general across the nation, who applied to the Fifth Circuit Court of Appeals for a stay stopping Biden’s mandate from going into effect while it is being litigated. And they won.

All of the legal challenges brought against Biden’s mandate have been consolidated, and now, the Sixth Circuit Court of Appeals will hear the case and determine the legality — or lack thereof — of Biden’s mandate.

And things are not looking up for the White House.

Motions denied

Biden’s legal team recently filed two motions with the Sixth Circuit. In one of those motions, Biden’s lawyers asked the Sixth Circuit to overturn the Fifth Circuit’s stay.

In the other, federal attorneys asked that the case be moved to the Fifth Circuit. This was clearly an attempt to get the case moved to a court where Biden’s people think that they have a better chance of winning.

But on Friday, the Sixth Circuit denied both motions.

“The Court hereby DENIES the motions to transfer the matter to the Fifth Circuit (Dkt. 95) and the D.C. Circuit (Dkt. 213),” the court wrote, adding, “Given the Governments pending motion, the motions to stay the agency’s ruling and related motions … are hereby DENIED AS MOOT.”

It looks like Biden is now at the mercy of the Sixth Circuit. Only time will tell what the court ultimately decides.

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