Supreme Court Blocks Enforcement of OSHA Vax-or-test ETS, Allows CMS Vaccination Mandate

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The Supreme Court of the United States today issued a per curium order staying enforcement of the OSHA vaccine-or-test ETS applicable to employers with 100 or more employees. This means that the Supreme Court of the United States has stopped OSHA from enforcing the vaccine-or-test Emergency Temporary Standard (ETS) while the case proceeds in the lower court. You can access a copy of the opinion here: https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf. We will send out a more detailed analysis of the Court’s opinion later. In the meantime, we wanted to make sure everyone knew today that OSHA cannot enforce the ETS while the lower court hears the full fledged case on the merits.

 “OSHA’s COVID–19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402, is stayed pending disposition of the applicants’ petitions for review in the United States Court of Appeals for the Sixth Circuit and disposition of the applicants’ petitions for writs of certiorari, if such writs are timely sought.”

In a separate opinion, the Supreme Court allowed the vaccination mandate applicable to facilities receiving Medicaid and Medicare funding to proceed.

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