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Biden Suffers Another Setback in War on Covid

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OSHA Shot-Or-Test Rule Will Not Go Into Effect - How About Airlines

WASHINGTON - eTradeWire -- The President has suffered another major blow in his efforts to fight the pandemic by getting more Americans vaccinated when a court just ruled that his "signature" initiative - a rule requiring employees of large companies to be vaccinated or submit to frequent testing - would not go into effect as scheduled on December 6th.

More specifically, the 6th Circuit Court of Appeals denied the administration's request to move up the deadline for it to consider dissolving the current stay of OSHA's shot-or-test rule, as well as its request to transfer the proceeding to the D.C. Circuit which is more likely to do allow the rule to go into effect.

It also denied a request to set the close of the briefing schedule on the merits for December 29th.

Now that the administration's most important and most effective weapon against the pandemic has been put on hold indefinitely, and is not likely to survive review by the notoriously conservative 6th Circuit, President Biden should finally consider what many of his advisors and other experts have urged: require proof of at least one shot, or a recent negative test, for

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people wishing to fly domestically.

Such a rule can be adopted very quickly, would be seen as much less intrusive than the OSHA mandate, is unlikely to create unreasonable delays considering all the information airlines and the governmental already stores on airline passengers, and is much less likely to be stayed by the courts, says Banzhaf.

Indeed, he notes, Canada has long had just such a rule in effect, and it works well in protecting passengers, and also by encouraging more Canadians to be vaccinated.

Professor of Public Interest Law
George Washington University Law School
"The Man Behind the Ban on Cigarette Commercials"
FAMRI Dr. William Cahan Distinguished Professor
Fellow, World Technology Network
Founder, Action on Smoking and Health (ASH)
Inventor of the "Banzhaf Index"
2000 H Street, NW, Suite Stockton 402
Washington, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf


Source: Public Interest Law Professor John Banzhaf
Filed Under: Government

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