Federals ask court to overturn Florida’s challenge to vaccine authorization

Federals ask court to overturn Florida’s challenge to vaccine authorization

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  • Image courtesy of Joe Biden/Facebook

Lawyers for the Biden administration late Friday urged a federal appeals court to reject a request from Florida, Georgia and Alabama to suspend a rule requiring tens of millions of workers across the country to be vaccinated against COVID-19 or tested regularly and wear masks.

In a 26-page document filed in the 11th US Court of Appeals, federal attorneys said the rule, issued by the Occupational Safety and Health Administration this month, is expected to save thousands of lives.

The document states that “OSHA has correctly determined that employees gather in one location and interact, thus risking transmission of a highly contagious virus in the workplace and spreading – and creating a significant risk – within the workplace.”

Florida, Georgia, Alabama and other plaintiffs, including two Florida Christian schools, allege that the Occupational Safety and Health Administration (OSHA) has overstepped its statutory authority through the rule, known as the “temporary emergency standard.” With the rule set to go into effect Jan. 4, they have asked the Atlanta-based Court of Appeals to issue a moratorium that would suspend the requirements while the legal battle continues.

Florida’s bid to block federal COVID-19 vaccine authorization moves forward

Florida’s bid to block federal COVID-19 vaccine authorization moves forward

By News Service of Florida


The rule will apply to employers with 100 or more workers. Those workers will have to be fully vaccinated against COVID-19 or test negative at least once a week and wear masks — a measure that will cover 84 million workers nationally, according to a White House estimate.

The law quickly sparked legal challenges across the country, and the Fifth US Court of Appeals — which hears cases from Louisiana, Mississippi — issued a ruling on Friday that reaffirmed its moratorium. But in Monday’s motion, attorneys for Florida Attorney General Ashley Moody’s office asked the 11th U.S. Court of Appeals for a stay.

The proposal stated that the OSHA “interim standard for emergency” is neither a workplace standard nor a response to an emergency.” “It is, rather, a covert attempt to dictate the personal health decisions of millions of ordinary Americans, many of whom have personal reasons. profound refusal to vaccinate.

Florida seeks to stay in Biden’s federal vaccine administration state

Florida joined other states on Monday, seeking to halt a federal vaccine mandate.

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In filing late Friday, attorneys from the US Department of Justice and the US Department of Labor said there was no need to immediately rule on the stay application filed by Florida, Georgia and Alabama. She said that appeals were launched in 11 federal appeal circuits, and that what is known as the Judicial Committee for Multi-Region Litigation is expected next week to unite the cases in one circuit.

“The court selected to adjudicate these matters will have sufficient time to decide on any preliminary motions,” the federal attorneys wrote. “To preserve judicial resources and avoid ditching in the power of another court that might hear the case, this court (Eleventh Circuit) must decline to act in this present situation.”

However, the document also defended the legality of the basic rule and countered criticism that it would require all workers at affected employers to be vaccinated.

The document, citing the rule, said: “OSHA has properly exercised its discretion to offer an alternative where employees can “regularly test for COVID-19 and wear a face covering.” The standard provides employers with this choice because they are in a better position to determine which approach It will secure employee cooperation and protection.” Thus the Occupational Safety and Health Administration (OSHA) has crafted an approach that protects non-vaccinated workers while leaving room for employers to select the most appropriate option for their workplace.”

Governor Ron DeSantis has raised a high-profile case of the Biden administration’s resistance over COVID-19 requirements. He has called a special legislative session that will begin Monday and focus on taking steps to block vaccine and mask mandates.

In part, DeSantis maintains that imposing vaccination requirements could lead some workers to lose their jobs.

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