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Where do matters stand now with President Joe Biden’s vaccination mandate? Its fate is uncertain.

On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit stayed the effect of the OSHA mandate pending a final ruling on its validity. But all of the appeals have been consolidated in a different appellate court, the U.S. Court of Appeals for the Sixth Circuit. OSHA later announced that it has “suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”

That announcement is less helpful to employers than it might seem. OSHA could ask the Sixth Circuit to vacate the stay. Plus, if the mandate is upheld, OSHA could immediately begin enforcement proceedings against anyone not then in compliance. What OSHA will do is presently unknown...

To read more visit The Federalist.

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