Biden administration asks court to lift stay of vaccine-or-test rule


The Biden administration is now requesting the 6th Circuit dissolve or at least modify the 5th Circuit stay order, arguing that OSHA “reasonably concluded” the rule was necessary, and that constitutional concerns raised by businesses and states challenging it are meritless.

The opponents argue that the mandate exceeds OSHA’s authority and Congress’ ability to delegate to federal agencies, as well as the First Amendment, the Constitution’s Commerce Clause and laws protecting religious freedom, among other things.