A federal appeals court reinstated the Biden administration's COVID-19 vaccine-and-testing mandate for private businesses with over 100 employees on Friday.

The 2-1 ruling by the 6th U.S. Court of Appeals in Cincinnati lifted the November injunction, which blocked the rule from the Occupational Safety and Health Administration. The court noted in its decision that OSHA has historical precedent for using wide discretion to ensure worker safety and “demonstrated the pervasive danger that COVID-19 poses to workers — unvaccinated workers in particular — in their workplaces,” according to CNBC.


With the mandate reinstated, businesses with 100 or more employees will be required to have their workers either fully vaccinated by Jan. 4 or submit a negative COVID-19 test every week. Unvaccinated employees were required to start wearing masks indoors beginning Dec. 5.

The case is likely to end up with a showdown at the Supreme Court.

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“COVID-19 is spreading in workplaces, and workers are being hospitalized and dying,” the Justice Department argued in a court filing on Friday. “As COVID-19 case numbers continue to rise and a new variant has emerged, the threat to workers is ongoing and overwhelming.”

The mandate was initially halted on Nov. 6 when a three-judge panel issued a ruling saying that petitioners offered significant cause to believe there are "grave statutory and constitutional issues" with the order. On Nov. 12, the U.S. Court of Appeals for the 5th Circuit reaffirmed its block of OSHA taking action on the mandate.

President Joe Biden's vaccine mandates for large businesses, as well as those for federal employees and contractors, have drawn the ire of Republican governors and politicians, who have taken the administration to court on multiple fronts.

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Michael Osterholm, a former COVID-19 adviser to Biden, warned on Thursday of a "viral blizzard" of the virus hitting the United States with the onset of the omicron variant.

With outbreaks on the rise again, new restrictions and other measures are being taken, including the NFL postponing three games and Prince George’s County in Maryland announcing its public schools would halt in-person instruction until at least Jan. 14.