The Biden Administration has taken various steps to fight the coronavirus pandemic. Some of his most recent actions relate to a “winter plan” to combat the Delta and Omicron variants. But the recent steps involving vaccine mandates have been controversial and have faced numerous court challenges.
Currently, the Biden Administration has implemented vaccine mandates in four main areas: the private sector, the government health care sector, federal agencies and federal contractors (and subcontractors). All of these mandates have faced lawsuits and as of the time of this writing, only the vaccine mandate applying to federal employees has survived attempts to temporarily block its implementation.
There are multiple reasons a judge might use to justify striking down one or more of these mandates. And as these cases work their way through the federal courts, we’ll get to see what these justifications ultimately are. But until then, let’s look at the legal basis the Biden Administration has relied on to justify its decision to require the coronavirus vaccine for certain employees.
In early November, the Occupational Safety and Health Administration (OSHA) released its COVID-19 Vaccination and Testing Emergency Temporary Standard (Vaccine and Testing ETS). This regulation would require employers with 100 or more employees to either:
The Vaccine and Testing ETS...
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