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A federal appeals court late Friday in a split decision ruled that the Biden administration’s vaccine mandate for private employers of companies exceeding 100 people can take effect.
The 2–1 decision by a panel of the Cincinnati-based 6th U.S. Circuit Court of Appeals dissolves the stay entered by the 5th U.S. Circuit Court of Appeals last month on the nationwide mandate.
The case was brought by multiple businesses, including the American Family Association; multiple individuals; and several states, including Texas, Utah, and Mississippi. Petitioners said the mandate, promulgated as an Emergency Temporary Standard (ETS) by the Department of Labor’s Occupational Safety and Health Administration (OSHA), should be struck down because it exceeds OSHA’s authority under the Occupational Safety and Health Act.
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