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How Idaho vaccine mandate lawsuits could play out

US Supreme Court upholds affirmative action
Posted at 4:06 PM, Nov 18, 2021
and last updated 2021-11-18 19:26:14-05

IDAHO — Many Idahoans now have more time to consider getting the COVID-19 vaccine because of a temporary halt to an OSHA vaccine or testing requirement for businesses with more than 100 employees.

As we've reported Idaho is involved in three lawsuits against different federal vaccine mandates, including one concerning OSHA's vaccine or testing requirement for businesses with 100 or more employees.

Because of this and other state lawsuits, OSHA said it's pausing implementation and enforcement. But the issue of whether some Idahoans will end up having to get the shot is still playing out in federal court.

Here's where each lawsuit stands

A judge in the Fifth Circuit Court of Appeals halted the implementation of the OSHA rule. No decision has been made yet in the lawsuits concerning federal contractors or health care workers. Each of these cases will continue to move through the courts.

Constitutional law professor, Shaakirrah Sanders said there are multiple ways things could play out. One being President Biden making a move similar to former President Trump's travel ban executive order.

"Former president trump went back and revised the executive order and his regulations over and over and over again such that by the time it reached the us supreme court, they were looking at the latest version," Sanders said.

She said Congress could also take action and pass a law similar to the federal mandates currently being challenged.

"We don't have a situation where Biden is relying only on his presidential power, he now has federal law that mandates this," Sanders said.

Republicans in Congress are already taking action against the federal mandates through the Congressional Review Act. This allows Congress to overturn rules federal agencies make.

All four members of Idaho's congressional delegation have signed onto this legislation. It works just like any other bill and would have to pass both the House and Senate and be signed by the President.

If the president vetoes it, Congress can override the veto. It's unclear when or if a vote on this might take place. The resolution is currently in a senate committee.