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Wednesday, November 17, 2021

Florida's federal vaccine mandate challenge consolidated with other state challenges

Posted By on Wed, Nov 17, 2021 at 10:17 AM

  • Photo courtesy Wikimedia Commons

A Cincinnati-based federal appeals court will handle consolidated challenges from across the country to an Occupational Safety and Health Administration rule that would require tens of millions of workers to be vaccinated against COVID-19 or be regularly tested and wear masks.

The 6th U.S. Circuit Court of Appeals will review the challenges, which include a case that Florida, Georgia and Alabama filed this month. The U.S. Judicial Panel on Multidistrict Litigation issued an order Tuesday consolidating cases that had been filed in 12 circuits.

The order said the panel randomly selected the 6th Circuit Court of Appeals, which typically hears cases from Ohio, Michigan, Kentucky and Tennessee, to handle the litigation.

The OSHA rule, which is slated to take effect Jan. 4, would apply to employers with 100 or more workers. Those workers would have to be fully vaccinated against COVID-19 or test negative at least once a week and wear masks, The 5th U.S. Circuit Court of Appeals —- which hears cases from Louisiana, Mississippi and Texas —- has placed a stay on the OSHA rule. But the stay does not resolve the underlying legal issues in the case.

Florida, Georgia and Alabama and other plaintiffs, including two Florida Christian schools, filed their challenge in the Atlanta-based 11th U.S. Circuit Court of Appeals. Among other things, they contend the Biden administration overstepped its legal authority in issuing the rule.

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