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Court revives healthcare mandate for covid vaccine in 26 states



(Reuters) – A federal appellate court on Wednesday in 26 U.S. states revived a covid-19 mandate issued by President Joe Biden's administration demanding that millions of health care workers be vaccinated if they work in facilities receiving federal dollars.

] In a rare win for Mr. Biden's pandemic strategy, a panel of judges at the 5th U.S. Court of Appeals in New Orleans ruled that a lower court had jurisdiction to block the mandate only in the 14 states that had sued and were wrong to impose a nationwide injunction.

Biden's administrative mandate requires staff vaccinated against the coronavirus or lose funding from the U.S. Centers for Medicare & Medicaid Services, which administers the two major state health care programs. It was blocked before the deadline and remains temporarily blocked in 24 states ̵

1; the 14 states involved in the case reviewed by the 5th Circuit and 10 states where the mandate was blocked by a November 29 decision by a federal judge in St. Louis. Louis.

The 14 states that sued are: Alabama, Arizona, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah and West Virginia.

The administration claimed that the mandate was potentially will save thousands of lives every month, with COVID-19 cases and deaths expected to increase with the onset of winter and the arrival of the rapidly spreading Omicron virus variant. Many lawsuits have been filed to block vaccine mandates issued by governments and corporations as public health measures amid a pandemic that has killed more than 800,000 Americans.

The 5th District Court said the Biden administration had not shown that it was likely during the trial proves that it has the power to enforce the rule. The panel included Judge Leslie Southwick, appointed by former Republican President George W. Bush, and Judges James Graves and Gregg Costa, both appointed by former Democratic President Barack Obama.

The rule is one of three far-reaching Biden administration demands which aims to increase the frequency of vaccinations in the United States, where infections are increasing and deaths are still over 1,000 per day. Republican prosecutors and conservative organizations and companies have questioned the rules.

In November, the 5th district blocked the administration's mandate to vaccinate or test the workplace for companies with at least 100 employees. That mandate, issued by the Occupational Safety and Health Administration, is being reviewed by the 6th US Circuit Court of Appeals in Cincinnati, which is dominated by judges appointed by Republican presidents.

to initially hear the case before a panel of three judges instead of all 16 active judges on the court.

Two Republican judges used their dissenting views from that order to explain their opposition to OSHA's mandate, which may

"The judges who wrote the opinions may be worried that the court will go the other way," says Brian Abramson, a writer on vaccine legislation.


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