(Bloomberg Law) — The Biden administration’s emergency Covid-19 shot-or-test rule can go into effect now that a federal appeals court in Cincinnati lifted another tribunal’s order that had blocked the measure.
A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit granted the administration’s request Friday to dissolve the Fifth Circuit’s Nov. 6 stay on the regulation.
The Occupational Safety and Health Administration published its emergency standard Nov. 5. The rule, which is set to last just six months in its current form, applies to employers with at least 100 workers. Those employers must mandate that their workers either get vaccinated against Covid-19 or get tested regularly.
The Fifth Circuit called the OSHA rule unlawful and probably unconstitutional in a Nov. 12 opinion affirming its earlier stay order. The Sixth Circuit got control of the consolidated case against the measure—including the power to lift the Fifth Circuit’s stay—after winning a multi-circuit lottery.
The case is In Re: OSHA Covid Rule, 6th Cir., No. 21-07000, opinion 12/17/21.
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To contact the editors responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com; Andrew Harris at aharris@bloomberglaw.com
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