The New American by
The Biden administration’s only pandemic-ending objective, to vaccinate all Americans with a pulse, moved a step closer to fulfillment last week. As has been so typical throughout the pandemic, the rules and requirements imposed on hard-working Americans have changed yet again. A three-judge panel just reversed last month’s imposed Stay Order that put the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on ice while litigation played out. Like an unpredictable Wisconsin winter, the ice has melted, and the Stay Order lifted.
In November, the Fifth Circuit Court of Appeals put in place a Stay Order preventing the OSHA ETS from moving forward while the many challenges to this regulation moved through the court system. Then, according to legal protocol, the Sixth Circuit Court was chosen through a random lottery to hear the numerous consolidated challenges from across the nation. On December 15, an en banc request, a petition to have all 16 judges involved in the ETS determination, was denied by the court. And most recently, on December 17, a three-judge panel comprised of Judges Julia Smith Gibbons, Jane Stranch, and Joan Larsen of the Sixth Circuit Court reversed the Stay Order on the ETS.
