Supreme Court oral arguments are now scheduled for Jan. 7 on the various legal bids to reinstitute the stay on a federal vaccine mandate.
The Biden administration’s hotly contested vaccination requirement for businesses with 100 or more employees is bound for oral arguments before the U.S. Supreme Court after a federal appeals court last week paved the way for the rules to take effect.
Supreme Court oral arguments are now scheduled for Jan. 7 on the various legal bids to reinstitute the stay, according to a Wednesday-night order. Kavanaugh could order an immediate stay himself pending review, or he could refer the matter to the full court to decide whether to pump the brakes on the rule while the case plays out, experts said.
If the mandate affecting an estimated 84 million private-sector workers gets “put on pause and it takes several months before the court issues a ruling, we will have missed the chance to use the vaccine to stop omicron and get us closer to herd immunity,” Field said.If the OSHA regulations are paused again but later unfrozen after attorneys filled the court with legal briefs and oral arguments, Field said “workers and employers would then be used to an environment where the mandate didn’t exist.
Even still, the justices “have not really stepped into it yet. I think they are waiting for the right case,” said Patricia Pryor, an attorney at Jackson Lewis, a national law firm representing businesses and management. Given the magnitude, the OSHA one might be it, Pryor said.
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