A U.S. federal appeals court panel on Friday allowed President Joe Biden's COVID 19 vaccine mandate for larger private employers to move ahead.
The 2 -- 1 decision was made by a panel of the 6th U.S. The Circuit Court of Appeals reversed a decision by a federal judge in a separate court that had paused the mandate nationwide.
The rule was going to take effect Jan. 4th, according to the U.S. Occupational Safety and Health Administration. Friday s ruling is not clear when the requirement will be put in place.
Republicans joined conservative groups, business associations and some individual businesses to push back against the requirement as soon as OSHA published the rules in early November. They argued that OSHA was not authorized to make the emergency rule.
The case was consolidated before the Cincinnati-based 6th circuit, which is dominated by Republican-appointed judges. One of the two ruling in favor of the OSHA mandate was appointed by a Democratic president and a Republican. The dissenting judge was appointed by President Donald Trump.
Because of OSHA's clear and exercised authority to regulate viruses, OSHA has the authority to regulate infectious diseases that are not unique to the workplace, Judge Julia Smith Gibbons wrote in her majority opinion.
The U.S. Supreme Court will block the order, according to Arkansas Attorney General Leslie Rutledge. She said that the decision of the Sixth Circuit is extremely disappointing for Arkansans because it will force them to get the shot or lose their jobs.
In a message on Friday, South Carolina Attorney General Alan Wilson, who is also chairman of the Republican Attorneys General Association, said he was confident that the mandate could be stopped.
The vaccine requirement would apply to companies with 100 or more employees and cover about 84 million workers. Employees who are not fully vaccinated would have to wear masks and be subject to weekly tests for the coronaviruses. There would be exceptions for those who work outdoors or only at home.