Tomorrow, on Friday, January 6, the Supreme Court will hear oral arguments about the legality of forcing vaccine mandates on employees throughout the nation.
It has been a short, but intense road leading to this moment. It began on November 5, 2021, when the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to control businesses’ response to Covid-19. On the same day, the Centers for Medicare & Medicaid Services (CMS) released a rule targeting healthcare workers.
On December 17, the Sixth Circuit issued a disappointing reversal of the Fifth Circuit’s stay on the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) that mandates vaccine requirements for employers with one hundred or more employees.
The decision came from a split panel of two to one. Judge Jane Stranch, an Obama appointee delivered the opinion. She was joined by Judge Julia Gibbons, a Bush appointee. Judge Joan Larsen, a Trump appointee, dissented. Tomorrow that decision goes to the Supreme Court. Here, I provide a layout of the main points.