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U.S. Supreme Court Issues Rulings in Challenge to OSHA Vaccine and Testing ETS and CMS Interim Final Rule

Q: Did the U.S. Supreme Court issue a ruling in the challenge to OSHA’s vaccine and testing emergency temporary standard (ETS) and CMS interim final rule (IFR)?

A: Yes. On January 13, 2022, the Court granted the applications for stays of the OSHA ETS. Conversely, the Court granted the federal government’s request to overturn the injunctions that had halted the IFR.

Thus, the IFR will move forward, while the ETS will return for further litigation before the Sixth Circuit Court of Appeals, which initially lifted the Fifth Circuit’s own stay of the ETS’s enforcement and which prompted the Supreme Court review on an expedited basis.

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