Biden Admin Announces Suspension of Private Employer Vax Rule Over Pending Litigation

  • The Biden administration announced on Wednesday that it is suspending its rule forcing private employers to vaccinate or COVID-19 test their employees over pending litigation.
  • The Daily Wire was the first organization to challenge the rule in the 6th Circuit Court of Appeals. The court was later chosen via lottery to consolidate and oversee the numerous legal challenges over the rule.
  • “On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. Reg. 61402) (‘ETS’),” the Occupational Safety and Health Administration (OSHA) announced on Wednesday morning. “The court ordered that OSHA ‘take no steps to implement or enforce’ the ETS ‘until further court order.’ While OSHA remains confident in its authority to protect workers in emergencies, OSHA has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”