NEW ORLEANS (AP) — President Joe Biden’s order that federal employees get vaccinated against COVID-19 was blocked Thursday by a federal appeals court.

The 5th U.S. Circuit Court of Appeals in New Orleans rejected arguments that Biden, as the nation’s chief executive, has the same authority as the CEO of a private corporation to require that employees be vaccinated.

The ruling from the full appeals court, 16 full-time judges at the time the case was argued, reversed an earlier ruling by a three-judge 5th Circuit panel that had upheld the vaccination requirement. Judge Andrew Oldham, nominated to the court by then-President Donald Trump, wrote the opinion for a 10-member majority.

The ruling maintains the status quo for federal employee vaccines. It upholds a preliminary injunction blocking the mandate issued by a federal judge in January 2022. At that point, the administration said nearly 98% of covered employees had been vaccinated.

And, Oldham noted, with the preliminary injunction arguments done, the case will return to that court for further arguments, when “both sides will have to grapple with the White House’s announcement that the COVID emergency will finally end on May 11, 2023.”

Opponents of the policy said it was an encroachment on federal workers’ lives that neither the Constitution nor federal statutes authorize.

Biden issued an executive order in September 2021 requiring vaccinations for all executive branch agency employees, with exceptions for medical and religious reasons. The requirement kicked in the following November. U.S. District Judge Jeffrey Brown, who was appointed to the District Court for the Southern District of Texas by Trump, issued a nationwide injunction against the requirement the following January.

The case then went to the 5th Circuit.

One panel of three 5th Circuit judges refused to immediately block the law.

But a different panel, after hearing arguments, upheld Biden’s position. Judges Carl Stewart and James Dennis, both nominated to the court by President Bill Clinton, were in the majority. Judge Rhesa Barksdale, nominated by President George H.W. Bush, dissented, saying the relief the challengers sought does not fall under the Civil Service Reform Act cited by the administration.

The broader court majority agreed, saying federal law does not preclude court jurisdiction over cases involving “private, irreversible medical decisions made in consultation with private medical professionals outside the federal workplace.”

A majority of the full court voted to vacate that ruling and reconsider the case. The 16 active judges heard the case on Sept. 13, joined by Barksdale, who is now a senior judge with lighter duties than the full-time members of the court.

Judge Stephen Higginson, a nominee of former President Barack Obama, wrote the main dissenting opinion. “For the wrong reasons, our court correctly concludes that we do have jurisdiction,” Higginson wrote. “But contrary to a dozen federal courts — and having left a government motion to stay the district court’s injunction pending for more than a year — our court still refuses to say why the President does not have the power to regulate workplace safety for his employees.”

Find your latest news here at the Hemet & San Jacinto Chronicle

The post Court blocks COVID-19 vaccine mandate for US gov’t workers appeared first on The Hemet & San Jacinto Chronicle.

Defense Secretary Lloyd Austin said he wants to keep the military’s COVID-19 vaccine mandate in place to protect the health of the troops, as Republican governors and lawmakers press to rescind it.

This past week more than 20 Republican governors sent a letter to President Joe Biden asking that the administration remove the mandate, saying it has hurt the U.S. National Guard’s ability to recruit troops. Those troops are activated by governors to respond to natural disasters or unrest.

Congress may consider legislation this coming week to end the mandate as a requirement to gather enough support to pass this years’ defense budget, which is already two months late.

Austin said he would not comment on pressure from the Hill.

“We lost a million people to this virus,” Austin told reporters traveling with him Saturday. “A million people died in the United States of America. We lost hundreds in DOD. So this mandate has kept people healthy.”

“I’m the guy” who ordered the military to require the vaccine, Austin added. “I support continuation of vaccinating the troops.”

Last year Austin directed that all troops get the vaccine or face potential expulsion from the military; thousands of active duty forces have been discharged since then for their refusal to get the shots.

Find your latest news here at the Hemet & San Jacinto Chronicle

The post Keep COVID military vaccine mandate, defense chief says appeared first on The Hemet & San Jacinto Chronicle.

WASHINGTON (AP) — The COVID-19 vaccine mandate for members of the U.S. military would be rescinded under the annual defense bill heading for a vote this week in Congress, ending a directive that helped ensure the vast majority of troops were vaccinated but also raised concerns that it harmed recruitment and retention.

Republicans, emboldened by their new House majority next year, pushed the effort, which was confirmed Tuesday night when the bill was unveiled. House GOP leader Kevin McCarthy personally lobbied President Joe Biden in a meeting last week to roll back the mandate.

Rep. Mike Rogers of Alabama, the ranking Republican on the House Armed Services Committee, said the removal of the vaccination requirement was essential for the defense policy bill to move forward.

“We have real recruitment and retention problems across all services. This was gas on the fire exacerbating our existing problem,” Rogers said. “And the president said, you know, the pandemic is over. It’s time for us to recognize that and remove this unnecessary policy.”

White House press secretary Karine Jean-Pierre said Monday that Biden told McCarthy he would consider lifting the mandate but Defense Secretary Lloyd Austin had recommended it be kept.

“I would remind all of you that the Pentagon has a range of vaccines it has long required,” Jean-Pierre said Monday. “So this is nothing new.”

The vaccine provision is one of the more acrimonious differences in the annual defense bill that the House is looking to wrap up this week and send to the Senate. It sets policy and provides a roadmap for future investments. It’s one of the final bills Congress is expected to approve before adjourning, so lawmakers are eager to attach their top priorities to it.

Service members and the Defense Department’s civilian workforce would get a 4.6% pay increase, according to a summary of the bill released Tuesday night. The legislation also requires a review of the rate of suicide in the Armed Forces since Sept. 11, 2001, broken down by service, occupational specialty and grade. It also requires the defense secretary to rescind the COVID-19 vaccination mandate.

Military leaders acknowledge that the vaccine requirement is one of several factors contributing to their recruiting struggles. It may dissuade some young people from enlisting, but officials don’t know how many. This year the Army missed its recruiting goal by about 25%, while the other services scraped by.

The reasons, however, are complex. Two years of the pandemic shut off recruiters’ access to schools and events where they find prospects, and online recruiting was only marginally successful. Finding recruits is made more difficult by the ongoing nationwide labor shortage and the fact that only about 23% of young people can meet the military’s fitness, educational and moral requirements — with many disqualified for medical issues, criminal records, tattoos and other things.

A congressional aide familiar with the negotiations but not authorized to speak publicly said lawmakers supportive of the vaccine mandate concluded that it had accomplished what it was intended to do by achieving a high rate of vaccination throughout the service branches, and that meeting the Republican demands to rescind it would allow other priorities to advance.

The mandate was enacted through an August 2021 memorandum from Austin. It directed the secretaries of the various military branches to begin full vaccination of all members of the Armed Forces on active duty or in the National Guard or Reserve. They have not been required to also receive boosters.

Asked about the matter over the weekend, Austin told reporters he still supports the vaccine for U.S. troops.

“We lost a million people to this virus,” Austin said. “A million people died in the United States of America. We lost hundreds in DoD. So this mandate has kept people healthy.”

As of early this month, about 99% of the active-duty troops in the Navy, Air Force and Marine Corps had been vaccinated, and 98% of the Army. Service members who are not vaccinated are not allowed to deploy, particularly sailors or Marines on ships. There may be a few exceptions to that, based on religious or other exemptions and the duties of the service member.

The vaccination numbers for the Guard and Reserve are lower, but generally all are more than 90%.

More than 8,000 active-duty service members were discharged for failure to obey a lawful order when they refused the vaccine.

The Marine Corps, which is much smaller than the Army, Navy and Air Force, vastly outpaces them in the number of troops discharged, with 3,717 as of early this month. The Army – the largest service — has discharged more than 1,800, while more than 1,600 were forced out by the Navy and 834 by the Air Force. The Air Force numbers include the Space Force.

The military services came under fire over the past year for approving only a limited number of religious exemptions to the vaccine requirement.

Military leaders have argued that troops for decades have been required to get as many as 17 vaccines in order to maintain the health of the force, particularly those deploying overseas. Recruits arriving at the military academies or at basic training get a regimen of shots on their first day — such as measles, mumps and rubella — if they aren’t already vaccinated. And they routinely get flu shots in the fall.

Service leaders have said that the number of troops who requested religious or other exemptions to any of those required vaccines — prior to the COVID pandemic — has been negligible.

The politicization of the COVID-19 vaccine, however, triggered an onslaught of exemption requests from troops. As many as 16,000 religious exemptions have been or are still pending, and only about 190 have been approved. Small numbers of temporary and permanent medical exemptions have also been granted.

House Majority Leader Steny Hoyer, D-Md., said the Defense Department made a rational decision in requiring a vaccine because “vaccines are the way you keep a community safe.” But at the end of the day, the bill needs to have bipartisan support to pass.

“It seems to be very controversial among Republicans in particular. I’m not sure exactly why. Maybe it’s just because the government is telling them that you need to do this,” Hoyer said.

“Obviously,” he added, “the more people you have well at any given time, the better off you are in responding immediately, but there’s substantial sentiment on the other side of the aisle, which we need in the Senate, that believes differently, so we may have to compromise.”

McCarthy said that while he applauded the end of the mandate, the Biden administration must do more. He said the Biden administration “must correct service records” and not stand in the way of reenlisting any service member discharged for not taking the COVID vaccine.

The defense bill will support up to about $858 billion in spending. Within this topline, the legislation authorizes nearly $817 billion for the Department of Defense and more than $30 billion for national security programs within the Department of Energy.

The bill provides funding that’s about $45 billion above the president’s budget request to address the effects of inflation, provide additional security assistance to Ukraine and accelerate other DoD priorities.

Find your latest news here at the Hemet & San Jacinto Chronicle

The post Congress set to rescind COVID-19 vaccine mandate for troops appeared first on The Hemet & San Jacinto Chronicle.

NEW ORLEANS (AP) — In a reversal for President Joe Biden, a federal appeals court in New Orleans on Monday agreed to reconsider its own April ruling that allowed the administration to require federal employees to be vaccinated against COVID-19.

The new order from the 5th U.S. Circuit Court of Appeals in New Orleans vacates an earlier ruling by a three-judge panel that upheld the mandate. The new order means a block on the mandate imposed in January by a Texas-based federal judge remains in effect, while the full court’s 17 judges take up the appeal.

Biden had issued an order Sept. 9 requiring that more than 3.5 million federal executive branch workers undergo vaccination, with no option to get regularly tested instead, unless they secured approved medical or religious exemptions.

U.S. District Judge Jeffrey Brown, who was appointed to the District Court for the Southern District of Texas by then-President Donald Trump, issued a nationwide injunction against the requirement in January. At the time, the White House said 98% of federal workers were already vaccinated.

Brown’s ruling was followed by back-and-forth rulings at the 5th Circuit.

In February, a 5th Circuit panel refused to block Brown’s ruling pending appeal.

But after hearing arguments in March, a different panel ruled 2-1 that Brown did not have jurisdiction in the case. The panel said those challenging the requirement could have pursued administrative remedies under Civil Service law. Although the ruling was issued in April, it was not to officially take effect until May 31.

Judges Carl Stewart and James Dennis, who were nominated to the 5th Circuit by Democratic President Bill Clinton, were in the majority. Judge Rhesa Barksdale, a senior judge nominated by Republican President George H.W. Bush, dissented, saying the relief the challengers sought does not fall under the Civil Service Reform Act cited by the administration.

Barksdale is a senior judge, meaning he has a reduced case load and is no longer on active status at the court. Because he was part of the ruling panel he can participate in the reconsideration with the active judges. Of the 17 judges currently listed as active judges at the 5th Circuit, 12 are appointees of Republican presidents, including six nominated to the court by Trump.

When the case was argued before the three-judge 5th Circuit panel in March, administration lawyers had noted that district judges in a dozen jurisdictions had rejected a challenge to the vaccine requirement for federal workers before Brown ruled.

The administration argued the Constitution gives the president, as the head of the federal workforce, the same authority as the CEO of a private corporation to require that employees be vaccinated.

Find your latest news here at the Hemet & San Jacinto Chronicle

The post Court revives block of vaccine mandate for federal workers appeared first on The Hemet & San Jacinto Chronicle.

Health care workers in about half the states face a Thursday deadline to get their first dose of the COVID-19 vaccine under a Biden administration mandate that will be rolled out across the rest of the country in the coming weeks.

While the requirement is welcomed by some, others fear it will worsen already serious staff shortages if employees quit rather than comply.

And in some Republican-led states that have taken a stand against vaccine mandates, hospitals and nursing homes could find themselves caught between conflicting state and federal demands.

“We would like to see staff vaccinated. We think that it’s the safest option for residents, which is our biggest concern,” said Marjorie Moore, executive director of VOYCE, a St. Louis County, Missouri, nonprofit that works on behalf of nursing home residents. “But not having staff is also a really big concern, because the neglect that happens as a result of that is severe and very scary.”

The mandate affects a wide swath of the health care industry, covering doctors, nurses, technicians, aides and even volunteers at hospitals, nursing homes, home-health agencies and other providers that participate in the federal Medicare or Medicaid programs.

It comes as many places are stretched thin by the omicron surge, which is putting record numbers of people in the hospital with COVID-19 while sickening many health workers.

Nationwide, about 81% of nursing home staff members already were fully vaccinated as of earlier this month, ranging from a high of 98% in Rhode Island to a low of 67% in Missouri, according to the federal Centers for Medicare & Medicaid Services. The data is unclear about the vaccination levels in hospitals and other health care sites.

The mandate ultimately will cover 10.4 million health care workers at 76,000 facilities.

It is taking effect first in jurisdictions that didn’t challenge the requirement in court. Those include some of the biggest states, with some of the largest populations of senior citizens, among them: California, Florida, New York and Pennsylvania.

“There absolutely have been employee resignations because of vaccination requirements,” said Catherine Barbieri, a Philadelphia attorney at Fox Rothschild who represents health care providers. But “I think it’s relatively small.”

At Wilson Medical Center in rural Neodesha, Kansas, three of the roughly 180 employees are quitting, and several others have sought exemptions from the vaccine mandate, said hospital spokeswoman Janice Reese.

“We are very fortunate that that is all we are losing,” she said, noting that the hospital was not in favor of the mandate. “We didn’t feel like it was our place to actually try to tell a person what they had to do.”

Reese said the vaccine requirement could also make it more difficult for the hospital to fill vacancies.

In Florida, medical centers find themselves caught between dueling federal and state vaccination policies. They could lose federal funding for not adhering to the Biden administration mandate, but could get hit with fines for running afoul of state law.

Gov. Ron DeSantis, a Republican who has waged a legal campaign against coronavirus mandates, last year signed legislation that forces businesses with vaccine requirements to let workers opt out for medical reasons, religious beliefs, immunity from a previous infection, regular testing or an agreement to wear protective gear. Businesses that fail to comply can be fined $10,000 to $50,000 per violation.

Asked if the state would pursue fines against hospitals that enforce the federal mandate, a spokeswoman for the Florida attorney general said all employee complaints “will be thoroughly reviewed by our office.”

Some states already have their own vaccine requirements for health care workers. In California, for example, they have been required to be fully vaccinated since Sept. 30 and must get a booster b y Feb. 1.

The federal mandate is “better late than never,” said Sal Rosselli, president of the National Union of Healthcare Workers, which represents about 15,000 people in California. “But if it happened sooner, we wouldn’t have gone through the surge, and a lot more people would be alive today.”

The government said it will begin enforcing the first-dose vaccine requirement Feb. 14 in two dozen other states where injunctions were lifted when the U.S. Supreme Court upheld the mandate two weeks ago. The requirement will kick in on Feb. 22 in Texas, which had filed suit separately.

In Missouri, one nursing home served notice this week that it intends to take advantage of a state rule that allows facilities to close for up to two years if they are short-staffed because of the vaccine requirement.

“Obviously we are proponents of vaccines,” said Lisa Cox, a spokeswoman for the Missouri Department of Health and Senior Services. But “throughout all of this, we knew that mandating it would be a negative impact really on our health care system … just because of crippling staffing levels.”

Cox identified the facility that was closing as Cedarcrest Manor, in the eastern Missouri city of Washington. She said there are just 42 patients in the 177-bed facility amid the staffing shortages. A woman who answered the phone at the facility took a message but couldn’t immediately comment.

The Centers for Medicare & Medicaid Services ultimately could cut off funding to places that fail to comply with the mandate. But it plans to begin enforcement with encouragement rather than a heavy hand.

CMS guidance documents indicate it will grant leniency to places that have at least 80% compliance and an improvement plan in place, and it will seek to prod others.

“The overarching goal is to get providers over that finish line and not be cutting off federal dollars,” said MaryBeth Musumeci, a Medicaid expert with the nonpartisan Kaiser Family Foundation.

The states affected on Thursday are: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington and Wisconsin, along with the District of Columbia and U.S. territories.

Find your latest news here at the Hemet & San Jacinto Chronicle

The post Vaccine mandate to kick in for first wave of health workers appeared first on The Hemet & San Jacinto Chronicle.

WASHINGTON (AP) — Dr. Anthony Fauci, the top U.S. infectious disease expert, said the nation should consider a vaccination mandate for domestic air travel, signaling a potential embrace of an idea the Biden administration has previously eschewed, as COVID-19 cases spike.

Fauci, President Joe Biden’s chief science adviser on the pandemic response, said that such a mandate might drive up the nation’s lagging vaccination rate as well as confer stronger protection on flights, for which federal regulations require all those age 2 and older to wear a mask.

“When you make vaccination a requirement, that’s another incentive to get more people vaccinated,” Fauci told MSNBC on Monday. “If you want to do that with domestic flights, I think that’s something that seriously should be considered.”

The Biden administration has thus far balked at imposing a vaccination requirement for domestic air travel. Two officials said Biden’s science advisers have yet to make a formal recommendation for such a requirement to the president.

The officials, who spoke on condition of anonymity to discuss internal deliberations, said a vaccine mandate on planes could trigger a host of logistical and legal concerns.

The U.S. currently mandates that most foreign nationals traveling to the U.S. be fully vaccinated against the coronavirus, though citizens and permanent residents only need to show proof of a negative test taken within a day of boarding.

Federal rules don’t require people travelling by air within the U.S. to show a negative test. Hawaii requires travelers to test or show proof of vaccination to avoid a mandatory quarantine.

Biden did not respond to questions on whether he was considering implementing a domestic air travel vaccination requirement, but he told reporters the subject was discussed on a call with the nation’s governors Monday morning.

“They asked Dr. Fauci some more questions about everything from whether or not he thought he was going to move to test at home — I mean, on air flights and that kind of thing,” Biden said of the call before departing the White House for his home in Rehoboth Beach, Delaware.

During the virtual meeting with governors, Biden pledged the full support of the federal government to states facing surges in COVID-19 cases from the more-transmissible omicron variant and a run on at-home tests that dominated headlines over the holiday season.

“My message is: If you need something, say something, and we’re going to have your back any way we can,” Biden said. He acknowledged long lines and chaotic scenes as Americans sought out testing amid the case surge and as they looked to safely gather with family and friends over the holiday.

“Seeing how tough it was for some folks to get a test this weekend shows that we have more work to do,” he said. He referenced his administration’s plan to make 500 million rapid tests available to Americans beginning next month through an as-yet-to-be-developed website.

Arkansas Gov. Asa Hutchinson, the National Governors Association chairman, raised concerns Biden’s plan could get in the way of state efforts to boost supply of tests.

“That dries up the supply chain for what we might offer as governors,” he said, saying the lack of supply “has become a real challenge.”

Biden assured Hutchinson that the federal effort won’t interfere with state actions. “This gets solved at the state level,” he said.

A White House official said the new tests would come from new manufacturing capacity and wouldn’t interfere with existing supply chains.

Earlier this year the White House explored a domestic vaccination requirement for flights, or one requiring either vaccination or proof of negative test. But officials have not been eager to mandate vaccination for domestic air travel because they expected it to face immediate legal challenges, mitigating its potential effectiveness as a tool to drive up vaccinations.

Pressed last week on why Biden had not mandated vaccinations for domestic air travel, White House press secretary Jen Psaki told MSNBC that “we know that masking can be, is, very effective on airplanes.”

“We also know that putting in place that additional restriction might delay flights, might have additional implications,” she added. “We would do it, though, if the health impact was overwhelming. So we rely always on the advice of our health and medical experts. That isn’t a step at this point that they had determined we need to take.”

Data from the Centers for Disease Control and Prevention show more than 241 million Americans, about 77% of the eligible population age 5 and over, have received at least one shot of a COVID-19 vaccine. Officials believe, though, that there is some overcount in the figures due to record-keeping errors in the administration of booster shots.

Since the summer, the Biden administration has embraced various vaccination requirements as a way to get unvaccinated Americans to roll up their sleeves. It has instituted requirements that federal workers, federal contractors and those who work in health care get their shots, and that employers with 100 or more employees institute vaccination-or-testing requirements for their workers.

Those vaccination requirements have been mired in legal wrangling, with the Supreme Court set to hear arguments Jan. 7 in cases seeking to overturn them.

Find your latest news here at the Hemet & San Jacinto Chronicle

The post Fauci: US should consider vaccine mandate for US air travel appeared first on The Hemet & San Jacinto Chronicle.

NEW ORLEANS (AP) — A federal appeals court panel on Wednesday lifted a nationwide ban against President Joe Biden’s vaccine mandate for health care workers, instead blocking the requirement in only certain states and creating the potential for patchwork enforcement across the country.

The decision by the New Orleans-based 5th U.S. Circuit Court of Appeals kept a preliminary injunction in place for 14 states that had collectively sued in federal court in Louisiana. It altered a Nov. 30 ruling by U.S. District Judge Terry Doughty, who originally applied his order nationwide.

A separate preliminary injunction on appeal before the St. Louis-based 8th U.S. Circuit Court of Appeals applies to 10 additional states. That means the vaccine requirement for Medicare and Medicaid providers is blocked by courts in about half states but not in the other half.

“This vaccine rule is an issue of great significance currently being litigated throughout the country. Its ultimate resolution will benefit from ‘the airing of competing views’ in our sister circuits,” the ruling from three 5th Circuit judges said.

At issue is a rule published Nov. 5 by the Centers for Medicare & Medicaid that applied to a wide range of health care providers that receive federal Medicare or Medicaid funding. It required their workers to receive the first dose of a COVID-19 vaccine by Dec. 6 and be fully vaccinated by Jan. 4. It was projected to affect more than 17 million workers in about 76,000 health care facilities as well as home health care providers.

The agency said on Dec. 2 that it would not enforce the vaccine rule while court injunctions were in place. It was not immediately clear Wednesday whether the agency would continue to suspend the rule for all states or seek to go ahead with it in states no longer subject to the injunctions.

About 85% of adults nationwide already have received at least one dose of a COVID-19 vaccine. But Biden contends his various workforce vaccine mandates are an important step to drive up vaccination rates and contain the virus outbreak, which has killed about 800,000 people in the U.S.

Courts that have blocked the mandates for health workers, federal contractors and medium- to-large-sized businesses all have said the Biden administration likely exceeded the executive powers spelled out in law. The administration has continued to say it is on firm legal ground.

In upholding Doughty’s injunction for the states that sued, the 5th Circuit panel said it appears likely that opponents of the health worker vaccine mandate will prevail as the case moves through the courts. However, the panel also said there are significant differences between the health care vaccine mandate and another vaccine mandate — blocked previously in a separate ruling upheld by the 5th Circuit — that applied to all businesses employing more than 100 people.

Among the key differences, the court said, is that “the targeted health care facilities, especially nursing homes, are where COVID-19 has posed the greatest risk.”

Wednesday’s 5th Circuit ruling was issued by judges Leslie Southwick, nominated to the court by President George W. Bush; and James Graves and Gregg Costa, both nominated by President Barack Obama.

The 5th Circuit decision blocks the health worker vaccine mandate in Alabama, Arizona, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah and West Virginia. The separate case pending before the 8th Circuit blocks the mandate in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.

Also Wednesday, the Cincinnati-based U.S. 6th Circuit Court of Appeals said a three-judge panel — rather than the entire court — would rule on a challenge to the Biden administration’s mandate that all private employers with at least 100 workers require them to be vaccinated or wear masks and face weekly tests.

That decision is a victory for the Biden administration, which had pushed back against efforts to have all the judges in the panel initially involved. Eleven of the 16 full-time judges in the 6th Circuit were appointed by Republicans.

The vote in the 6th Circuit was split, with eight judges wanting the entire panel to hear the case and eight wanting it to stay with three judges. Judge Karen Nelson Moore wrote that the three-judge panel already has devoted time to the case and switching now would “subvert our normal process.”

Chief Judge Jeffrey Sutton disagreed, arguing in a dissent, “there is something to be said for putting all hands on deck, particularly when it comes to handling the stay motion.” In his dissent, he laid out a case against the administration’s authority to issue the mandate.

At least for now, the earlier ruling from the 5th Circuit remains in place and the broader business vaccine mandate is on hold nationwide. The federal government has asked for that order to be dissolved. Determining which judges will decide that issue could set the stage for a ruling in the matter.

Find your latest news here at the Hemet & San Jacinto Chronicle

The post Health worker vaccine mandate blocked in half the states appeared first on The Hemet & San Jacinto Chronicle.

The Democratic-led House is unlikely to take it up, which means the mandate would stand, though courts have put it on hold for now. Still, the vote would senators a chance to come out against a policy that they say has sparked fears back home from businesses and from unvaccinated constituents who worry about losing their jobs should the rule go into effect.

“Every so often Washington D.C. does something that lights up the phone lines. This is one of these moments,” said Sen. Steve Daines, R-Mont. At home, he said, “this issue is what I hear about. This issue is a top-of-mind issue.”

Lawmakers can invalidate certain federal agency regulations if a joint resolution is approved by both houses of Congress and signed by the president, or if Congress overrides a presidential veto. That’s unlikely to happen in this case.

Under the rule, private-sector companies with 100 or more workers must require their employees to be fully vaccinated against COVID-19 or be tested for the virus weekly and wear masks on the job. The Occupational Safety and Health Administration said it would work with companies on compliance but would fine them up to $13,653 for each violation, though enforcement is suspended as the litigation unfolds.

Senate Majority Leader Chuck Schumer, D-N.Y., said Americans who have refused to get vaccinated are the biggest impediment to ending the pandemic. He implied that some of the resistance to mandated vaccines is based on politics.

“Some of the anti-vaxxers here in this chamber remind me of what happened 400 years ago when people were clinging to the fact that the sun revolved around the Earth. They just didn’t believe science. Or 500 years ago when they were sure the Earth was flat,” Schumer said.

Schumer said social media has played a role in spreading falsehoods about the vaccine, and “so has the far right.” He urged senators to vote against the resolution, sponsored by Sen. Mike Braun, R-Ind.

“The worst thing we can do is to tie our own hands behind our backs, and let these new variants spread and grow and new ones after omicron and so many others,” Schumer said. “But that is what Republican-pushed, anti-vaccines would do.”

Republicans said they are supportive of the vaccine, but that the mandate amounts to government overreach. They said it may even contribute to people not getting vaccinated.

“I think, actually, the mandate has made it worse in terms of hardening people who don’t want to be told what to do by the government,” said Sen. John Barrasso, R-Wyo.

Sen. Shelley Moore Capito, R-W.Va., said a telephone town hall she recently held with constituents made clear they are concerned about their long-term ability to keep a job if the mandate goes into effect.

“If you look at my state, 40% of my state’s workforce stands to lose their job under this mandate,” Capito said. “It will be a killer to our economy.”

Sen. Joe Manchin, D-W.Va., indicated last week he would join with Republicans in voting to void the vaccine rule, saying in a tweet that he does not support any federal vaccine mandate for private businesses. In an evenly divided Senate, one Democrat joining all Republicans would be enough to pass the resolution.

Deaths in the United States stemming from COVID-19 are running close to 1,600 a day on average. The overall U.S. death toll less than two years into the pandemic could soon reach 800,000.

KEVIN FREKING | AP News

Find your latest news here at the Hemet & San Jacinto Chronicle

The post Senate aims to reject Biden’s vaccine mandate for businesses appeared first on The Hemet & San Jacinto Chronicle.

Challenges to President Joe Biden’s COVID-19 vaccine mandate for private employers will be consolidated in the U.S. 6th Circuit Court of Appeals, a panel dominated by judges appointed by Republicans.

The Cincinnati-based court was selected Tuesday in a random drawing using ping-pong balls, a process employed when challenges to certain federal agency actions are filed in multiple courts.

The selection could be good news for those challenging the administration’s vaccine requirement, which includes officials in 27 Republican-led states, employers and several conservative and business organizations. They argue the U.S. Occupational Safety and Health Administration does not have the authority to impose the mandate.

The challenges, along with some from unions that said the vaccine mandate didn’t go far enough, were made this month in 12 circuit courts. Under an arcane system, it was up to the clerk of the Judicial Panel on Multidistrict litigation to select a ping-pong ball from a bin to choose where the cases would be heard.

It was a favorable outcome for Republicans. Eleven of the 16 full-time judges in the 6th Circuit were appointed by Republican presidents. Accounting for one of the Republican-appointed judges, Helene White, who often sides with judges appointed by Democrats and adding senior judges who are semi-retired but still hear cases, the split is 19-9 in favor of Republicans. Six of the full-time judges were appointed by former President Donald Trump.

Another court where a majority of judges were nominated by Republicans, the New Orleans-based 5th Circuit Court of Appeals, issued a ruling that put the mandate on hold.

It’s not clear whether the court that will hear the case will act as the 5th Circuit did and side quickly with the Republican challengers. But legal experts have become increasingly concerned in recent years about the politicization of both federal and state courts, raising questions about whether justice is fairly administered or dispensed through a partisan lens.

Allison Orr Larsen, a professor at William & Mary Law School, coauthored a study published this year that found growing partisanship in federal judicial decisions. For decades, the study found that rulings on cases in which all judges in a circuit weighed in generally were not decided along party lines based on the presidents who appointed the judges.

“We did see a concerning spike starting in 2018 that led us to wring our hands,” Larsen said in an interview.

The increasing partisanship in a branch of government that is supposed to be blind to partisan politics was seen in judges appointed by presidents of both parties, but Larsen said it’s not clear why that was or whether it will last.

Some of the federal courts moved to the right when Donald Trump was president and Republicans controlled the U.S. Senate, which confirms judicial nominees. Trump appointed 54 judges to the circuit courts, which are one step below the U.S. Supreme Court, including filling one seat twice. That represents nearly 30% of the seats on the circuit courts, where cases are most often considered by three-judge panels.

Trump’s appointees flipped the 11th Circuit in the South to Republican control and expanded the GOP-appointed majorities in the 5th, 6th and 8th Circuits in the Midwest and South. Biden’s three appointees switched the New York-based 2nd Circuit to Democratic control.

Republican state attorneys general and conservative groups mostly filed their challenges in circuit courts dominated by conservative judges, while the unions went to circuits with more judges nominated by Democratic presidents.

In all, 34 objections have been filed in all 11 regional circuits plus the one for the District of Columbia. That’s where the ping-pong balls came in to play.

Under federal law, cases challenging federal agency actions get consolidated upon the agency’s request if they are filed in multiple circuit courts. Each circuit where a challenge is filed within the first 10 days of the agency taking action has an equal chance of being selected.

It was up to the judicial panel’s clerk, John W. Nichols, to select a ping-pong ball from a bin, according to a Tuesday court filing by the panel. The office denied a request by The Associated Press to allow media access to the drawing.

Previously this year, the lottery had been used to assign just two cases. One involved fallout from a National Labor Relations Board ruling on an anti-union Twitter message by Tesla founder Elon Musk where objectors filed in two circuits. The other was over orders from the Federal Energy Regulatory Commission in which objectors filed in three.

The employer vaccine mandate is higher profile and further reaching. It calls for businesses with more than 100 workers to require employees to be vaccinated by Jan. 4 or wear masks and be tested weekly for COVID-19. Exemptions are provided for religious reasons and for those who work at home or only outdoors.

Because it’s an unusual rule from the workplace safety agency, there is no consensus among lawyers on how the challenges will go. OSHA has issued just 10 emergency rules in the half century since it was formed. Of the six challenged in court, only one survived intact.

The Biden administration has insisted it’s on strong legal footing. It also has the backing of the American Medical Association, which filed papers in support of the mandate.

“The AMA’s extensive review of the medical literature demonstrates that COVID-19 vaccines authorized or approved by FDA are safe and effective, and the widespread use of those vaccines is the best way to keep COVID-19 from spreading within workplaces,” the group said in its filing.

Among those challenging the rule is a consortium of construction contractors. They say they want their workers vaccinated, but that a requirement only on larger companies is just pushing vaccine-hesitant workers to take jobs with companies that have fewer than 100 employees.

“Crafting an unworkable rule that will do little to get construction workers vaccinated is an approach that is not only wrong, but likely counterproductive,” said Scott Casabona, president of Signatory Wall and Ceiling Contractors Alliance.

Officials with the workplace safety agency say they’re considering extending the mandate to smaller employers.

A three-judge panel of the 5th Circuit extended the stay of the OSHA rule in an opinion released last Friday, expressing skepticism that the agency had authority to implement the vaccine requirement. The 6th Circuit could modify, revoke or extend the stay.

It had not yet been determined which judges from the 6th Circuit will be on a three-judge panel to hear the case or whether it will be considered by all the judges.

The U.S. Department of Justice declined to comment on the selection of the court.

Find your latest news here at the Hemet & San Jacinto Chronicle

The post GOP-majority court chosen to consider Biden vaccine mandate appeared first on The Hemet & San Jacinto Chronicle.