In what is getting to be habit in the OSHA ETS litigation with courts issuing orders late Friday afternoons, the Sixth Circuit on December 3, 2021 tersely denied a petition to transfer the case back to the Fifth Circuit. In the same order, the Sixth Circuit also denied, without explanation, the union petitioners’ bid to
OSHA ETS
Unions Ask 6th Circuit to Transfer COVID Rule Case to D.C. Circuit; Government Opposes En Banc Review
By Melanie L. Paul on
As the OSHA COVID ETS saga continues to unfold, several union groups have filed a motion requesting that the 6th Circuit transfer all of the consolidated petitions to the D.C. Circuit, arguing that the D.C. Circuit is better equipped to handle the matter. The United Food and Commercial Workers International Union, AFL/CIO-CLC and the…
Petitioners Ask 6th Circuit to Hear OSHA ETS Challenge En Banc with All Active Judges
By Melanie L. Paul on
Posted in Articles, COVID-19, OSHA Enforcement, OSHA ETS, OSHA Guidance, OSHA Legislation, OSHA Rulemaking, Vaccine
Four separate groups of petitioners challenging the OSHA ETS, including a coalition of 27 states, have asked the court to hear the OSHA challenge en banc, arguing that the case involves a question of exceptional importance in that it is an “unprecedented mandate of COVID vaccines based on a rarely used law of questionable applicability.”…