The nation’s highest court set oral arguments on January 7, 2022 for both emergency applications to stay the district court injunctions that have put the CMS mandate on hold and emergency applications to re-impose a stay on the OSHA ETS, which was lifted last week.
A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit dissolved the 5th Circuit Court of Appeal’s stay of OSHA’s Emergency Temporary Standard ETS with respect to COVID-19 on Dec. 17, effectively reinstating the ETS stayed by the 5th Circuit.
The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s Emergency Temporary Standard on COVID-19 vaccination and testing for employers with at least 100 employees
A federal judge in Georgia has issued a nationwide injunction blocking the vaccine mandate for federal contractors and subcontractors. Unlike the limited injunction issued in Kentucky, the Order issued in Georgia on December 7, 2021, blocks the vaccine mandate countrywide.
In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s CMS interim final rule. CMS must immediately cease all implementation or enforcement of the Rule in the remaining 40 states.
A federal court granted 10 states’ request for a preliminary injunction precluding CMS from enforcing its vaccine mandate in Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming. Missouri et al. v. Biden
Several union groups have filed a motion requesting the 6th Circuit transfer all consolidated petitions to the D.C. Circuit, arguing that the D.C. Circuit is better equipped. Meanwhile, the government has opposed the motions for the 6th Circuit to review the case en banc.