Supreme Court Stays One Vaccine Mandate, Permits Another

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After hearing oral arguments on Jan. 7, 2022, today the Supreme Court issued two opinions regarding the Occupational Safety and Health Administration (“OSHA”) emergency temporary standards and Centers for Medicare & Medicaid Services (“CMS”) interim final rule.

In a per curiam opinion, the Supreme Court granted a stay in the enforcement of the OSHA vaccine mandate that applied to employers with at least 100 employees. The stay will remain in effect pending the Sixth Circuit’s disposition of the case and will only terminate should the Supreme Court decide not to hear an appeal from the Sixth Circuit’s ruling.

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