OSHA Vaccine Mandate Update

By Christine M. Zinter - Bullard Law

December 21, 2021

Supreme Court Justice Brett Kavanaugh has given the Biden administration until December 30 to respond to a cascade of lawsuits appealing the OSHA vaccine mandate for workers to go into effect. Business groups, religious entities, and 27 U.S. states have urged the Supreme Court to put a halt to the mandate after the Sixth Circuit Court of Appeals lifted the injunction on Friday to allow the mandate to go forward. Justice Kavanaugh oversees emergency appeals from the Sixth Circuit.

The petitioners are asking the Supreme Court to once again freeze enforcement of the mandate pending further litigation. They are also asking the Justices to agree to take the case on a fast-track basis before final rulings have been issued in the lower appeals courts.

Separately, the Court is already considering an appeal to the Biden administration’s vaccine mandate aimed at health care workers. The Court has asked for the White House’s response to that dispute by December 30 as well.

In somewhat related news, later today, President Biden will announce the government’s purchase of half-billion at-home rapid COVID-19 tests and a plan to distribute them free to American households who request them through a website. However, there are no details about when the website might be available or how quickly test kits will be shipped out.

If employers have any questions about these legal developments or how to comply with COVID-19 mandates and guidelines, contact Bullard Law.