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  4. Senate Votes Against Federal Vaccine Mandate; Court Rules in Favor of Businesses

On December 8, the Senate voted to void the Biden administration’s requirement that large private employers require their workers to be vaccinated against COVID-19. The CAP has supported vaccine requirements for health care workers and supports policies by facilities and businesses that ensure employees are fully vaccinated or tested weekly for the coronavirus disease.

Congress has the authority to object and nullify regulations through the Congressional Review Act. While the Senate’s action cleared one hurdle, the House would also need to pass a similar resolution. However, the White House said if this measure reached President Joe Biden’s desk he would veto it. The final Senate vote was 52-48 with two Democrats joining Republicans.

Federal Judge Blocks Vaccine Mandate

Before the Senate vote, a federal judge issued a stay order to prevent the new Occupational, Safety and Health Administration’s (OSHA) regulations for large employers from taking effect. The judge agreed with the plaintiffs in BST Holdings, LLC v. OSHA who contend the rules are an overreach of the OSHA’s authority.

On December 1, the CAP joined an amicus brief in support of the requirements. The amicus brief stated that the plaintiffs ignored the scientific evidence showing that workplaces are at risk for both transmission and infections with the coronavirus. The Biden Administration’s vaccine rule for large companies is based on the latest scientific evidence and would prevent thousands of hospitalizations and deaths from COVID-19.

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