December 9, 2022
5th Circuit Extends Stay Of ‘Likely Unconstitutional’ Vaccination Rule
The U.S. Court of Appeals for the 5th Circuit has extended indefinitely its stay of OSHA’s COVID-19 vaccine emergency temporary standard (ETS) just days before a multi-court panel is set to consolidate all pending ETS suits before a single court, holding that the rule is “fatally flawed” on statutory grounds and is “likely unconstitutional.” A Nov. 12 opinion by a three-judge panel of the 5th Circuit grants requests from state and private-sector petitioners in the case BST Holdings, et al.,...
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