The Sixth Circuit Court of Appeals was chosen to hear the complaints filed by several governors and private entities challenging the emergency temporary standard that would require all employers with 100 or more employees to be fully vaccinated or tested weekly for COVID-19. Complaints were filed in 12 circuit courts of appeal, and the Sixth Circuit was randomly selected to hear the consolidated cases.
The Sixth Circuit’s selection comes after the Fifth Circuit last Friday ordered the Occupational Safety and Health Administration, which developed the standard at the direction of President Biden, to “take no steps to implement or enforce the [vaccine]Mandate until further court order.” OSHA is expected to ask the Sixth Circuit to issue an order allowing the standard to become effective. Any action by the Sixth Circuit likely will result in an appeal to the Supreme Court.
Under the standard, if allowed to go forward, employees of covered firms would have until Jan. 4 to receive the vaccine or be required to produce a negative test on “at least a weekly basis.”