Capitol Correspondence - 12.13.21

Sixth Circuit Rules Against OSHA’s Motion to Set an Expedited Schedule

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In the ongoing litigation over the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) requiring all employers with 100 or more employees to implement a mandatory COVID-19 vaccination or testing policy, the Sixth Circuit Court of Appeals has ruled against the Biden administration. OSHA had filed motions in the case asking to dissolve the Fifth Circuit Court of Appeal’s initial stay against enforcement of the rule and to set an expedited schedule for briefings. The parties challenging the OSHA rule also filed a motion asking for the Sixth Circuit to review the case en banc (with a full panel of judges).

In a series of rulings, the Sixth Circuit consolidated motions and denied a number of pending briefs as moot, including the motion for an expedited schedule. The Court must still rule on the pending motion to dissolve the stay and whether to hear the case en banc.