The Sixth Circuit Court of Appeals Will Hear the Court Challenge to OSHA’s Vax-or-Test Rule

Roetzel & Andress
Contact

Yesterday afternoon, the Sixth Circuit Court of Appeals was selected to determine the fate of OSHA’s “vaccine or test” rule for large employers. The Court will decide whether or not the rule, adopted as an emergency temporary standard, is a valid exercise of OSHA’s regulatory powers. The Court will also have the authority to lift the Fifth Circuit’s stay of the rule or keep it in place while it decides the issue.

Under the federal rules for multidistrict litigation, the Sixth Circuit (which is located in Cincinnati and covers the states of Kentucky, Michigan, Ohio and Tennessee) was chosen by random draw out of the 12 courts of appeal in which challenges to the rule were filed and its decision will apply nationwide. The consolidated case will be heard by a three-judge panel of the Court. No matter what the Sixth Circuit decides, the dispute will likely end up before the U.S. Supreme Court.

Roetzel will keep you apprised of further developments in this matter.

[View source.]

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.

© Roetzel & Andress | Attorney Advertising

Written by:

Roetzel & Andress
Contact
more
less

Roetzel & Andress on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.