Supreme Court Justice Brett Kavanaugh has asked the Biden administration to respond to the influx of appeals regarding Biden’s Occupational Safety and Health Administration (OSHA) vaccine mandate.

Background: President Biden announced the Occupational Safety and Health Administration (OSHA) rule that employers with over 100 workers must be vaccinated against Covid-19. The new rule was originally set to go into effect on Jan. 4th, 2022.

The mandate immediately brought on multiple lawsuits from Republican-led states and business owners.

The Fifth Circuit Court of Appeals initially issues a temporary stay on the mandate. However, the Sixth Circuit Court of Appeals later overruled the court’s ruling, effectively reviving the OSHA vaccine mandate.

What happened: Due to the number of cases against the mandate all around the country, the Sixth Circuit was chosen to hear a consolidated appeal of all of those cases. 


When the Sixth Court revived the mandate many businesses and lawmakers then began asking the Supreme Court to intervene and block the mandate again.

“For many of the Business Associations’ members, the harms discussed above are threatening the very viability of their business. As several employers reported: ‘this could be catastrophic to our organization’; ‘[this] could put us out of business,’” the business associations wrote in their brief to the Supreme Court.  (per Fox Business)

Details: The appeals went to Kavanaugh because of geography. Justice Kavanaugh oversees emergency appeals from the Sixth Circuit. 

What Happens Next: The Supreme Court is not considering the full validity of the OSHA rule on vaccines. It is only considering whether to temporarily halt the implementation of the rule while litigation in lower courts decides the issue on the merits.

Justice Kavanaugh set a deadline of 4 p.m. Dec. 30 for the Biden administration to respond to the appeals.

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