Federal Appeals Court Stays OSHA’s COVID-19 Vaccine Emergency Temporary Standard

November 6, 2021

Today the United States Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of OSHA’s November 5, 2021 Emergency Temporary Standard. A number of parties, including several businesses, advocacy groups, and the states of Texas, Louisiana, Mississippi, South Carolina, and Utah filed the motion for a permanent injunction. Citing “grave statutory and constitutional issues,” the court ordered the government stay enforcement of the ETS pending expedited judicial review.

Solicitor of Labor Seema Nanda said the U.S. Department of Labor is “confident in its legal authority” to issue the rule, stating that the Occupational Safety and Health Act of 1970 “explicitly gives OSHA the authority to act quickly in an emergency” and the Department is “fully prepared to defend [the ETS] in court.” 

The court ordered the government to respond to the petitioners’ motion by 5:00 PM on Monday, November 8th

We are monitoring this situation as it develops. Please contact Jean Novak, at jnovak@smgglaw.com, or Matt Morella, at mmorella@smgglaw.com, if you have questions.