In unusual move, justices will hear oral argument on whether vaccine-or-test rule for employers with more than 100 workers will take effect while challenges are reviewed; AGC, ABC, NAHB and states want that High Court decision
The participation of the Associated Builders and Contractors, which joined a seven-state lawsuit, is cited as a factor in the vaccine mandate injunction applying in all 50 states.
Dec. 3 ruling in conservative court supports claim of unclear government authority, halting order only in Kentucky, Ohio and Tennessee; separately, Cincinnati court declines government request to accelerate appeal of halt to OSHA vaccine rule for large private employers, and NYC orders new mandate for all businesses.
Agency said it "remains confident in its authority" to issue emergency rule for large employers, but is complying with New Orleans appeals court-ordered halt of required employee vaccination or testing—as multiple lawsuits now are combined and case appears headed for the US Supreme Court; 60 major medical groups urge employers to implement vaccination rule voluntarily.
Government says OSHA enforcement is "unambiguous ... in addressing grave dangers to employees in the workplace," in rollout of COVID emergency temporary rule.