Late in the evening of Fri., Dec. 17, 2021, the Sixth Circuit Court of Appeals lifted the stay of the Occupational Safety and Health Administration’s (OSHA) vaccine-or-testing emergency temporary standard (ETS) for private employers with more than 100 employees. As a reminder, the stay was originally put in place by the Fifth Circuit. However, because lawsuits had been filed in multiple jurisdictions, all of the cases were consolidated into one multi-district litigation, and through a lottery process the Sixth Circuit was selected to hear the case. The Sixth Circuit reversed the Fifth Circuit’s decision, handing a major victory to the current administration which for the past month has watched as other vaccine mandates for federal workers, federal contractors and healthcare employees have suffered a string of legal defeats. More.
