The Biden administration is withdrawing its Covid-19 vaccination and testing regulation aimed at large businesses, following the Supreme Court’s decision to block the rule earlier this month.
The US Department of Labor’s Occupational Safety and Health Administration said Tuesday it will be withdrawing the vaccination and testing emergency temporary standard for businesses with 100 or more employees, according to a statement on the agency’s website.
“Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS as a proposed rule. The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard,” the statement read.
The withdrawal of the emergency temporary standard “does not affect the ETS’s continuing status as a proposed rule,” a US Department of Labor spokesperson told CNN in a statement. OSHA’s move to continue the effort to make the mandate a permanent rule drew the ire of First Liberty Institute, which represented three religious ministries to challenge the mandate.
“The Supreme Court made it clear that the President Biden administration’s attempt to federalize the nation’s workforce is blatantly unconstitutional,” First Liberty Institute president, CEO, and chief counsel Kelly Shackelford said of the announcement in a statement.
“OSHA had no choice but to withdraw its unlawful ETS, but it needs to completely put an end to this dangerous government overreach. We will continue to fight on behalf of our clients and the American people to protect them from being forced to violate their faith.”