The Biden administration is withdrawing its requirement that large employers mandate that workers be vaccinated against the coronavirus or regularly tested, the Labor Department said on Tuesday.
In pulling the rule, the department recognized what most employers and industry experts said after a Supreme Court ruling this month — that the emergency temporary standard could not be revived after the court blocked it.
“It’s their admitting what everyone had been saying, which is that the rule is dead,” said Brett Coburn, a lawyer at Alston & Bird.
The Supreme Court’s decision, which was 6 to 3, with the liberal justices in dissent, said the Labor Department’s Occupational Safety and Health Administration did not have the authority to require workers to be vaccinated against the coronavirus or tested weekly, describing the agency’s approach as “a blunt instrument.”
The mandate would have applied to about 80 million people.
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