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- Aug 8, 2021
News time, including some bonus medical news content!
USA CoVax Mandate Legal News Roundup -- Now With 100% More MEDICAL News!
Going to start off with the medical news I stumbled across while checking up on some lawsuits. The FDA just halted use of not one but two monoclonal antibody therapies for covid. (Archive) Why? Because they don't work against Omicron... and risk causing side effects. Here's the FDA statement.
Anyone who works in a job affected by the CMS healthcare workers mandate who's still on the fence about what to do, semi-good news -- you have a little more time to decide. The deadline for compliance has been pushed back a little bit, but only for residents of 24 states involved in ongoing litigation. (Archive) Article refers to Texas as still being covered by an injunction but I don't think that's right, I think they missed TX's suit getting tossed a few days ago.
Speaking of CMS, some bad news on this front. Florida is dropping their lawsuit against this mandate. (Archive) They've been one of the litigation bellweathers for all these mandates, so them throwing in the towel is likely to be followed by others. The legislative and executive branches are continuing to fight, but this is probably pissing into the wind without the judiciary pulling together with them, unless they and the organizations caught in the crossfire have the stomach to go full-on "fuck the feds" rogue.
The lack of movement on OSHA in the wake of its loss at the USSC on the 13th is pissing off some states. Georgia, among others, has publicly called OSHA to give the fuck up already and formally withdraw the ETS. (PDF attached) OSHA, meanwhile, has mumbled some shit about escalating their retardation by replacing the temporary emergency order with a permanent rule. This kind of shit is why I cautioned before that, while this was a huge win, the OSHA fight might drag out for a while longer. We'll see though, they may just be testing the waters. Incidentally, GA has a very nice summary page tracking what's up with their lawsuits against all four of the main federal mandates, including the Head Start school mandate (which is currently still blocked from enforcement in GA and 23 other states since 1/1/2022).
Lastly, some updates on what's happening with mandates and schools. In Virginia, Youngkin's order allowing kids to opt out of VA's mask mandates has kicked in. (Archive)
... While on the other coast, California is looking to go the opposite way. A CA Senator has proposed a bill that would remove the religion/personal belief exemption for kids looking to opt out of their CoVax mandate. (Archive) If it passes, only medical exemptions would be available starting Jan. 2023. This isn't the first bill like this this particular guy has pushed -- and his prior one passed, so any CA Kiwis with kids, keep your eye on this.
EDIT -- Just saw this late-breaking news over in A&N. NY State's mask mandate just got struck down as unconstitutional. (Archive)
USA CoVax Mandate Legal News Roundup -- Now With 100% More MEDICAL News!
Going to start off with the medical news I stumbled across while checking up on some lawsuits. The FDA just halted use of not one but two monoclonal antibody therapies for covid. (Archive) Why? Because they don't work against Omicron... and risk causing side effects. Here's the FDA statement.
The U.S. Food and Drug Administration on Monday removed two monoclonal antibody therapies from the list of treatments for COVID-19, saying they are ineffective against the Omicron variant.
The combination of bamlanivimab and estevimab from Eli Lilly and Regeneron's REGEN-COV will be limited to use only when a patient is likely to have been infected with or exposed to "a variant that is susceptible to these treatments," the FDA said in a statement.
"Because data show these treatments are highly unlikely to be active against the Omicron variant, which is circulating at a very high frequency throughout the United States, these treatments are not authorized for use in any U.S. states, territories and jurisdictions at this time," Patrizia Cavazzoni, director of the FDA's Center for Drug Evaluation and Research, said.
This, Cavazzoni said, means it is "highly unlikely that COVID-19 patients seeking care in the U.S. at this time are infected with a variant other than Omicron, meaning the treatments are not authorized to be used at this time."
Cavazzoni added that removing the treatments avoids exposing patients to side effects, such as allergic reactions or reactions at the injection site.
Anyone who works in a job affected by the CMS healthcare workers mandate who's still on the fence about what to do, semi-good news -- you have a little more time to decide. The deadline for compliance has been pushed back a little bit, but only for residents of 24 states involved in ongoing litigation. (Archive) Article refers to Texas as still being covered by an injunction but I don't think that's right, I think they missed TX's suit getting tossed a few days ago.
Following the United States Supreme Court’s recent decision to enforce the COVID-19 vaccine mandate over healthcare workers at facilities that participate in Medicare and Medicaid, the deadline to become fully vaccinated has been extended. The Centers for Medicare & Medicaid Services (CMS) announced a new March 15, 2022 deadline for healthcare workers residing in any of the 24 states involved in the litigation, including Ohio, Indiana, Kentucky and West Virginia. Covered healthcare workers in the other 25 states and the District of Columbia must abide by the original Feb. 28, 2022 deadline.
Speaking of CMS, some bad news on this front. Florida is dropping their lawsuit against this mandate. (Archive) They've been one of the litigation bellweathers for all these mandates, so them throwing in the towel is likely to be followed by others. The legislative and executive branches are continuing to fight, but this is probably pissing into the wind without the judiciary pulling together with them, unless they and the organizations caught in the crossfire have the stomach to go full-on "fuck the feds" rogue.
After a U.S. Supreme Court ruling this month that backed the Biden administration, Florida has dropped its appeal in a legal fight against federal COVID-19 vaccination requirements for health care workers.
Gov. Ron DeSantis’ administration has continued to oppose the requirements and vowed not to help carry them out. Agency for Health Care Administration Secretary Simone Marstiller said after the Supreme Court ruling that her agency will “not survey for compliance with the CMS (federal Centers for Medicare & Medicaid Services) vaccine mandate rule.”
The Republican-controlled Legislature in November held a special session that included passing legislation to bar vaccination mandates for workers. But many Florida health-care providers appear to plan to comply with the federal requirements after the Supreme Court ruling.
The lack of movement on OSHA in the wake of its loss at the USSC on the 13th is pissing off some states. Georgia, among others, has publicly called OSHA to give the fuck up already and formally withdraw the ETS. (PDF attached) OSHA, meanwhile, has mumbled some shit about escalating their retardation by replacing the temporary emergency order with a permanent rule. This kind of shit is why I cautioned before that, while this was a huge win, the OSHA fight might drag out for a while longer. We'll see though, they may just be testing the waters. Incidentally, GA has a very nice summary page tracking what's up with their lawsuits against all four of the main federal mandates, including the Head Start school mandate (which is currently still blocked from enforcement in GA and 23 other states since 1/1/2022).
The State of Georgia is demanding the Occupational Safety and Health Administration (OSHA) permanently withdraw its rule that purports to mandate full vaccination for businesses with 100 or more employees. Sent in a formal comment letter signed by Attorney General Chris Carr, the request follows a 6-3 decision by the U.S. Supreme Court to block the Biden administration from enforcing its temporary employer vaccine mandate.
"The Biden administration's stubborn attempt to keep alive its heavy-handed mandate against private businesses and their employees will only create further uncertainty for hardworking Georgians," said Attorney General Carr. "This delay is completely unnecessary, and the President should put an end to it once and for all by immediately withdrawing his unlawful permit."
Despite the Court's decision, OSHA has yet to withdraw the emergency temporary rule and has instead suggested that it may attempt to issue a permanent standard. The U.S. Supreme Court issued its decision on Jan. 13, 2022, in response to a legal challenge brought by Georgia and other states. In its decision, the Court held that OSHA lacks the statutory authority to issue the emergency vaccine mandate.
Lastly, some updates on what's happening with mandates and schools. In Virginia, Youngkin's order allowing kids to opt out of VA's mask mandates has kicked in. (Archive)
A divisive executive order by Virginia Gov. Glenn Youngkin took effect on Monday allowing parents to opt out of school mask requirements, even amid a new legal challenge from several school boards in the state.
The new Republican governor signed the order on Jan. 15, the day he took office. It says parents "may elect for their children not to be subject to any mask mandate in effect at the child's school or educational program."
... While on the other coast, California is looking to go the opposite way. A CA Senator has proposed a bill that would remove the religion/personal belief exemption for kids looking to opt out of their CoVax mandate. (Archive) If it passes, only medical exemptions would be available starting Jan. 2023. This isn't the first bill like this this particular guy has pushed -- and his prior one passed, so any CA Kiwis with kids, keep your eye on this.
A state senator Monday turned up the heat in the COVID-19 school vaccine mandate wars with new legislation that nixes personal belief exemptions just as two Bay Area districts are set to require the shots in coming weeks — and as thousands of their students remain unvaccinated.
Sen. Richard Pan’s bill would not take effect until January 2023 if approved, but unlike most other coronavirus vaccine mandates, it would disallow personal belief exemptions for the COVID-19 vaccines just as his controversial 2015 bill did for 10 other inoculations the state already requires for children to attend school.
Gov. Gavin Newsom last fall said California will require the COVID-19 vaccines for school attendance once the U.S. Food and Drug Administration grants full approval to the shots for a broader age range — they’re now given under emergency use authorization for ages 5-15. FDA approval could come by this summer and the state mandate implemented by next fall. Newsom said a personal belief exemption would be allowed, but Pan’s bill does away with that.
Pan’s bill, like another by fellow Democratic Senator Scott Weiner of San Francisco introduced Friday to allow students ages 12 and older to be vaccinated without a parent’s permission, didn’t sit well with families that aren’t convinced yet the vaccines are safe and effective.
EDIT -- Just saw this late-breaking news over in A&N. NY State's mask mandate just got struck down as unconstitutional. (Archive)
A New York State Supreme Court judge based in Nassau County has ruled that Governor Kathy Hochul's mask mandate is unconstitutional.
The mask mandate for all public indoor spaces was put into effect back in December 2021 and was set to expire on February 1st.
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