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The U.S. Court of Appeals in New Orleans on Nov. 6 stayed the Biden administration's requirement that workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly, citing potential "grave statutory and constitutional" issues raised by opponents of the US Occupational Safety and Health Administration's emergency temporary standard announced on Nov. 4.
In a Nov. 8 administration response, the US Justice Dept. said OSHA's authority, under law, to issue the standard "is unambiguous and limited to addressing grave dangers to employees in the workplace." The response said blocking it from taking effect “would likely cost dozens or even hundreds of lives per day, in addition to large numbers of hospitalizations, other serious health effects, and tremendous costs.”