Fifth Circuit Stays OSHA's November 5th Emergency Temporary Standard on COVID-19 Vaccination and Testing

Porter Hedges LLP

Porter Hedges LLP

On Saturday, the United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of OSHA’s November 5, 2021 Emergency Temporary Standard (“ETS”). This motion was filed by several businesses, advocacy groups, and the states of Texas, Louisiana, Mississippi, South Carolina, and Utah. Upon filing the motion, Texas Attorney General Ken Paxton issued a statement asserting that the ETS goes outside of OSHA’s “limited power and specific responsibilities” and is “flatly unconstitutional.”

Citing “grave statutory and constitutional issues” with the ETS, the Fifth Circuit stayed the enforcement of the ETS pending further action of the Court.


The Government has until today (Monday, November 8) at 5:00 pm to respond. The Petitioners have until 5:00 pm tomorrow (Tuesday, November 9) to file their reply.

We will continue to keep you updated as this develops.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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