Government asks Sixth Circuit to lift stay on vaccine-or-test mandate
The government argued the petitioners haven't shown their claimed injuries outweigh the government's interest in protecting workers.
By Avalon Zoppo|November 24, 2021 at 09:46 AM|The original version of this story was published on The National Law Journal
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The U.S. government has asked the U.S. Court of Appeals for the Sixth Circuit to lift a stay on the Occupational Safety and Health Administration’s vaccine-or-test mandate for private-sector employers.
In a motion filed Tuesday, the government said the Fifth Circuit’s stay on the agency rule requiring workers to either get vaccinated or tested periodically should be immediately lifted in order to prevent COVID-19 deaths and hospitalizations. Attorneys with the agency, U.S. Department of Justice and Department of Labor contended that one of the Fifth Circuit’s primary reasoning for granting the stay—that OSHA doesn’t have statutory authority to create the emergency rule—was flawed.
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