WASHINGTON – The Biden administration is formally withdrawing its requirement that most workers be vaccinated or regularly tested for COVID-19 – the controversial rule the Supreme Court blocked from enforcement earlier this month.
The administration is asking the Sixth Circuit Court of Appeals to dismiss the case. That court was hearing a pending legal challenge to the rule.
But the federal agency that regulates workplace safety said Tuesday it is still considering whether the vaccinate-or-test rule should be imposed on a non-emergency basis, which could have a better chance of surviving another legal challenge, if it is more narrowly targeted.
The Occupational Safety and Health Administration said that although it is withdrawing the vaccination and testing rule as “an enforceable emergency temporary standard,” it is not fully nixing the proposal.