OSHA vaccine mandate REINSTATED by Appeals Court

December 17, 2021

UPDATE: Multiple emergency appeals have been filed asking the Supreme Court to reinstate the OSHA stay. We will have to see whether SCOTUS will take this case or not.

The OSHA ETS vaccine or testing mandate for employees at companies with more than 100 employees is back on and can take effect immediately.

The 6^th Circuit Court of Appeals just handed down a ruling that overturned the 5^th Circuit Court of Appeals stay that I told you about a few weeks ago in this video.

So what does this mean for you?

Well at this point, it means if you work in a company with more than 100 employees regardless of your state’s Governor or state rules, you must be either fully vaccinated or regularly tested by January 4^th.

Of course, this case continues to move forward in the 6^th Circuit but this particular ruling, will probably be appealed to the Supreme Court. Speaking of the Supreme Court — on a totally separate note – you should know, the Biden administration has already asked the Supreme Court to lift the preliminary injunction and reinstate the CMS vaccine mandate in those 24 states that have currently paused it, as I told you in this video.

Back to the OSHA ETS — how did we get here?

I have been telling you multiple states have filed multiple cases challenging this OSHA vaccine or testing emergency temporary standard in several different appeals courts across the country. And because of the way our legal system works – when multiple appellate courts are hearing basically the same case, they all get entered into the multi-circuit lottery. In the lottery — one appellate court is selected at random to consolidate the cases and rule on those cases. Ultimately, the 6^th Circuit Court of Appeals was the multi-circuit lottery winner so all of the cases got consolidated and moved into that court.

But just days before the multi-circuit lottery happened, the 5th Circuit Court of Appeals, issued a nationwide pause – they call it a “stay” on the OSHA policy. The multicircuit lottery winner could either uphold, modify or dissolve that 5^th Circuit ruling once all the cases were consolidated. Today – the 6^th Circuit decided to dissolve the 5^th Circuit stay.

As I always remind you – just because one of these mandates is stopped or pause does not mean they’re all stopped or paused. And these cases are ongoing so things will continue to change. Don’t worry I’m covering it and you can find all of my videos in the vaccine mandate category on my page.

Read the ruling from the 6^th Circuit Court of Appeals here.