In a Dec. 3, 2021 ruling, the 6th Circuit Court denied the government’s motion to transfer the case to the 5th Circuit and the D.C. Circuit, while also rejecting the Biden administration’s efforts to push forward to implement vaccine-or-test requirements on private businesses with over 100 employees.
This is following the 5th Circuit’s motion to stay the Emergency Temporary Standard (ETS) that was ruled on Nov. 12, 2021. The 5th circuit, who described the OSHA rule as “fatally flawed”, ordered that OSHA “take no steps to implement or enforce” the ETS until further court order which prompted OSHA to announce it had suspended implementation pending litigation. On Nov. 23, 2021 the Biden administration filed a motion to lift the 5th Circuit’s stay on the mandate and get the case moved to a potentially more favorable court. They argued that the 5th Circuit panel erroneously interpreted the OSHA mandate, saying that “the speculative compliance costs and similar harms asserted by regulated parties cannot overcome the extraordinary harms to the public interest detailed above.”
Due to the blatant unconstitutionality, the 6th Circuit Court’s Dec. 3 ruling denied the lifting of the stay and moving the case to a court that would rule more in their favor.
As Abilene Freedom League has said from the start, it’s likely that the legal challenges of the OSHA overreach will end up before the Supreme Court. Rob Natelson, a former constitutional law professor, reiterates this in a recent op-ed for The Epoch Times. Natelson supports this belief by saying that the high court will likely weigh several issues relating to the ETS, including whether the mandate exceeds the powers the Constitution grants to the federal government, whether OSHA exceeded its authority under its statute, and if the vaccine-or-test requirement denies individuals due process of law.
If the Supreme Court is still following the constitution, there is is no question as to whether Biden's overreach should be struck down once and for all.