London Daily

Focus on the big picture.
Tuesday, Dec 02, 2025

Court rules Biden’s vaccine mandate for large employers can take effect

Court rules Biden’s vaccine mandate for large employers can take effect

Decision reverses previous ruling but Republican officials say they will appeal measure to supreme court
A federal appeals court panel has allowed Joe Biden’s Covid-19 vaccine mandate for larger private employers to move ahead, reversing a previous decision on a requirement that could affect some 84 million US workers.

The 2-1 decision by a panel of the 6th US circuit court of appeals in Cincinnati overrules a decision by a federal judge in a separate court that had paused the mandate nationwide.

The mandate from the US Occupational Safety and Health Administration (Osha) was to take effect on 4 January. With Friday’s ruling, it’s not clear when the requirement might be put in place, but the White House said in a statement that it will protect workers: “Especially as the US faces the highly transmissible Omicron variant, it’s critical we move forward with vaccination requirements and protections for workers with the urgency needed in this moment.”

Republican state attorneys general and conservative groups said they would appeal Friday’s decision to the US supreme court.

Twenty-seven Republican-led states joined with 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 the agency was not authorized to make the emergency rule, in part because the coronavirus is a general health risk and not one faced only by employees at work.

The panel’s majority disagreed.

“Given Osha’s clear and exercised authority to regulate viruses, Osha necessarily has the authority to regulate infectious diseases that are not unique to the workplace,” Judge Julia Smith Gibbons, who was nominated to the court by George W Bush, a Republican, wrote in her majority opinion.

“Vaccination and medical examinations are both tools that Osha historically employed to contain illness in the workplace,” she wrote.

Gibbons noted that the agency’s authority extended beyond just regulating “hard hats and safety goggles”. She said the vaccine requirement “is not a novel expansion of Osha’s power; it is an existing application of authority to a novel and dangerous worldwide pandemic”.

She was joined in the majority decision by Judge Jane Branstetter Stranch, an appointee of Barack Obama.

The case was consolidated in the 6th circuit, which is dominated by Republican-appointed judges. Earlier this week, the circuit’s active judges rejected a move to have the entire panel consider the case, on an 8-8 vote.

The dissent in Friday’s ruling came from Judge Joan Larsen, an appointee of Donald Trump, who said Congress did not authorize Osha to make this sort of rule and that it did not qualify as a necessity to use the emergency procedures the agency followed to put it in place.

The vaccine requirement would apply to companies with 100 or more employees and would cover about 84 million workers in the US. Employees who are not fully vaccinated would have to wear face masks and be subject to weekly Covid-19 tests. There would be exceptions, including for those who work outdoors or only at home.

The administration has estimated that the rule would save 6,500 lives and prevent 250,000 hospitalizations over six months. On Friday, the US Department of Labor, which includes Osha, said the 6th circuit’s ruling will allow the agency to implement “commonsense, science-based measures to keep workers safe and healthy during a deadly pandemic”.

As we approach the end of the year in Thailand, we have a small favour to ask. We’d like to thank you for putting your trust in our journalism this year - and invite you to join the million-plus people in 180 countries who have recently taken the step to support us financially, keeping us open to all, and fiercely independent.

In 2021, this support sustained investigative work into offshore wealth, spyware, sexual harassment, labour abuse, environmental plunder, crony coronavirus contracts, and Big Tech.

The new year, like all new years, will hopefully herald a fresh sense of cautious optimism, and there is certainly much for us to focus on in 2022 - a volley of elections, myriad economic challenges, the next round in the struggle against the pandemic and a World Cup.

With no shareholders or billionaire owner, we can set our own agenda and provide trustworthy journalism that’s free from commercial and political influence, offering a counterweight to the spread of misinformation. When it’s never mattered more, we can investigate and challenge without fear or favour.

Unlike many other media organisations, Guardian journalism is available for everyone to read, regardless of what they can afford to pay. We do this because we believe in information equality. Greater numbers of people can keep track of global events, understand their impact on people and communities, and become inspired to take meaningful action.
Comments

mike 4 year ago
Bill Gates' Christmas wish: "Please don't stop the virus panic! It's so much fun."

Newsletter

Related Articles

0:00
0:00
Close
Head of UK Budget Watchdog Resigns After Premature Leak of Reeves’ Budget Report
Car-sharing giant Zipcar to exit UK market by end of 2025
Reports of Widespread Drone Deployment Raise Privacy and Security Questions in the UK
UK Signals Security Concerns Over China While Pursuing Stronger Trade Links
Google warns of AI “irrationality” just as Gemini 3 launch rattles markets
Top Consultancies Freeze Starting Salaries as AI Threatens ‘Pyramid’ Model
Macron Says Washington Pressuring EU to Delay Enforcement of Digital-Regulation Probes Against Meta, TikTok and X
UK’s DragonFire Laser Downs High-Speed Drones as £316m Deal Speeds Naval Deployment
UK Chancellor Rejects Claims She Misled Public on Fiscal Outlook Ahead of Budget
Starmer Defends Autumn Budget as Finance Chief Faces Accusations of Misleading Public Finances
EU Firms Struggle with 3,000-Hour Paperwork Load — While Automakers Fear De Facto 2030 Petrol Car Ban
White House launches ‘Hall of Shame’ site to publicly condemn media outlets for alleged bias
UK Budget’s New EV Mileage Tax Undercuts Case for Plug-In Hybrids
UK Government Launches National Inquiry into ‘Grooming Gangs’ After US Warning and Rising Public Outcry
Taylor Swift Extends U.K. Chart Reign as ‘The Fate of Ophelia’ Hits Six Weeks at No. 1
250 Still Missing in the Massive Fire, 94 Killed. One Day After the Disaster: Survivor Rescued on the 16th Floor
Trump: National Guard Soldier Who Was Shot in Washington Has Died; Second Soldier Fighting for His Life
UK Chancellor Reeves Defends Tax Rises as Essential to Reduce Child Poverty and Stabilise Public Finances
No Evidence Found for Claim That UK Schools Are Shifting to Teaching American English
European Powers Urge Israel to Halt West Bank Settler Violence Amid Surge in Attacks
"I Would Have Given Her a Kidney": She Lent Bezos’s Ex-Wife $1,000 — and Received Millions in Return
European States Approve First-ever Military-Grade Surveillance Network via ESA
UK to Slash Key Pension Tax Perk, Targeting High Earners Under New Budget
UK Government Announces £150 Annual Cut to Household Energy Bills Through Levy Reforms
UK Court Hears Challenge to Ban on Palestine Action as Critics Decry Heavy-Handed Measures
Investors Rush Into UK Gilts and Sterling After Budget Eases Fiscal Concerns
UK to Raise Online Betting Taxes by £1.1 Billion Under New Budget — Firms Warn of Fallout
Lamine Yamal? The ‘Heir to Messi’ Lost to Barcelona — and the Kingdom Is in a Frenzy
Warner Music Group Drops Suit Against Suno, Launches Licensed AI-Music Deal
HP to Cut up to 6,000 Jobs Globally as It Ramps Up AI Integration
MediaWorld Sold iPad Air for €15 — Then Asked Customers to Return Them or Pay More
UK Prime Minister Sir Keir Starmer Promises ‘Full-Time’ Education for All Children as School Attendance Slips
UK Extends Sugar Tax to Sweetened Milkshakes and Lattes in 2028 Health Push
UK Government Backs £49 Billion Plan for Heathrow Third Runway and Expansion
UK Gambling Firms Report £1bn Surge in Annual Profits as Pressure Mounts for Higher Betting Taxes
UK Shares Advance Ahead of Budget as Financials and Consumer Staples Lead Gains
Domino’s UK CEO Andrew Rennie Steps Down Amid Strategic Reset
UK Economy Stalls as Reeves Faces First Budget Test
UK Economy’s Weak Start Adds Pressure on Prime Minister Starmer
UK Government Acknowledges Billionaire Exodus Amid Tax Rise Concerns
UK Budget 2025: Markets Brace as Chancellor Faces Fiscal Tightrope
UK Unveils Strategic Plan to Secure Critical Mineral Supply Chains
UK Taskforce Calls for Radical Reset of Nuclear Regulation to Cut Costs and Accelerate Build
UK Government Launches Consultation on Major Overhaul of Settlement Rules
Google Struggles to Meet AI Demand as Infrastructure, Energy and Supply-Chain Gaps Deepen
Car Parts Leader Warns Europe Faces Heavy Job Losses in ‘Darwinian’ Auto Shake-Out
Arsenal Move Six Points Clear After Eze’s Historic Hat-Trick in Derby Rout
Wealthy New Yorkers Weigh Second Homes as the ‘Mamdani Effect’ Ripples Through Luxury Markets
Families Accuse OpenAI of Enabling ‘AI-Driven Delusions’ After Multiple Suicides
UK Unveils Critical-Minerals Strategy to Break China Supply-Chain Grip
×