As expected, the Biden Administration today asked the Sixth Circuit Court of Appeals to reinstate the vaccine mandate that would require employers with 100 or more employees to be vaccinated or tested weekly for COVID-19.
Another federal appellate court—the Fifth Circuit Court of Appeals—had ordered the Occupational Safety and Health Administration to “take no steps to implement or enforce the [vaccine]Mandate until further court order.” In response, OSHA stated that it had “suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”
The administration’s request comes after the Sixth Circuit was chosen last week to hear the complaints filed by several governors and private entities challenging the vaccine mandate. Complaints against the mandate were filed in 12 circuits, and the Sixth Circuit was randomly selected to hear the consolidated cases. Any action by the Sixth Circuit likely will result in an appeal to the Supreme Court.