Supreme Court To Hear COVID Vaccine Mandate Arguments on January 7

On January 7, the Supreme Court will hear oral arguments from the petitioners.
On January 7, the Supreme Court will hear oral arguments from the petitioners.
(iStock)

On December 17, the 6th Circuit Court of Appeals in Cincinnati overturned a stay on the Biden administration’s OSHA Emergency Temporary Standard (ETS) which mandates employers enforce a COVID-19 vaccine mandate. 

After that court decision, 27 states filed emergency motions with the Supreme Court to block enforcement efforts. Now, on January 7, the Supreme Court will hear oral arguments from the petitioners.

The timeline on these actions are tight—while arguments are heard on January 7, that’s three days before the enforcement efforts by OSHA are scheduled to start, including the requirement for employers to determine the vaccination status of each employee and develop a written policy. OSHA has announced the start date for the testing requirement was extended to Feb. 9.

The emergency appeals from the 6th Circuit are assigned to Justice Brett Kavanaugh, but it’s reported that likely he will refer those to the full Supreme Court. 

The Supreme Court will be hearing arguments regarding the lower-court decisions on the OSHA ETS and the Centers for Medicare & Medicaid Services’ (CMS) healthcare-facility vaccine mandate.

Specific to the OSHA ETS, it requires businesses with at least 100 employees to ensure employees are vaccinated against COVID-19 or undergo weekly testing for the virus.

Eleven states (Alabama, Arkansas, Florida, Iowa, Kansas, Montana, North Dakota, Tennessee, Texas, Utah, and West Virginia) have taken steps with measures that would restrict federal vaccination requirements.

ARA members can have their policy/regulatory questions answered by the ARA team via the DC Help Desk.

 

Latest News

Maryland expands spotted lanternfly quarantine
Maryland expands spotted lanternfly quarantine

The state’s department of agriculture added 17 counties to control the spread of the invasive insect.

2024 NGA Show concludes with record attendance, sold-out expo hall
2024 NGA Show concludes with record attendance, sold-out expo hall

Organizers said 3,600 grocery professionals participated in the three-day event, the largest in the National Grocers Association's 42-year history.

Inspiration on the agenda: The Viva Fresh ‘Clean Eating Challenge'
Inspiration on the agenda: The Viva Fresh ‘Clean Eating Challenge'

Now in its fifth year, the Viva Fresh Clean Eating Challenge supports industry peers taking the challenge to eat more fruits and vegetables, while making the meaningful first steps to improve their health and lives.

Research examines intelligent systems to prevent freeze damage
Research examines intelligent systems to prevent freeze damage

A research team at Penn State University looks to use real-time data and an unmanned vehicle to better target heat in orchards during freeze events.

Strong Texas onion crop expected
Strong Texas onion crop expected

Barring unforeseen weather events, Texas spring onion season is expected to feature plenty of good-quality product, growers say.

TIPA adds new VP, general manager
TIPA adds new VP, general manager

Rodrigo Castaneda, who joins the company with more than 25 years of experience in various industries, is expected to help expand the company’s presence.