The administration estimated that 22 million people would get vaccinated and that 250,000 hospitalizations would be prevented because of the rule, which applies to more than 84 million workers. The Fifth Circuit panel ruled last month that the agency had exceeded that authority, blocking the government from carrying out the mandate. But the case was then reassigned to the Sixth Circuit, which was randomly chosen to consolidate numerous challenges against the rule that had been filed around the country. Judge Stranch, an Obama appointee, was joined by Judge Julia Smith Gibbons, who was appointed by President George W. Bush. In a brief concurring opinion, Judge Gibbons signaled that as a matter of judicial restraint the courts should defer to OSHA’s expertise.

Source: New York Times December 18, 2021 04:56 UTC