6th Circuit Court Will Determine Fate of OSHA’s Vaccine Mandate

November 16th, 2021– A lottery determined that the 6th Circutiy Court of Appeals will be the final judge in determining the legality of OSHA’s vaccine mandate.

On November 5ht 2021, OSHA published its guidelines for the vaccine mandate rollout. That same day over 20 states filed suits to block the mandate. On Saturday, the 5th Circuit Court of Appeals issued an order to stay the regulation. The following week OSHA asked the court for “emergency relief” in allowing the rule to proceed. But their motion was denied.

Because there are so many suits asking the same question in different appeals courts, a lottery was used to determine which court would ultimately answer the question about the legality of OSHA’s regulations. And the 6th Circuit Court of Appeals was selected at random, and will have the final say on the issue. However, whichever way the court answers the question, threr willl likley be an appeal to the Supreme Court.