Supreme Court Stays OSHA ETS Rule, Allows CMS Mandate to Move Forward

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Earlier today, the U.S. Supreme Court issued its much-anticipated decisions about the COVID-19 vaccine mandates issued by the Occupational Safety and Health Administration (OSHA) for employers with at least 100 employees, and the Centers for Medicare and Medicaid Services (CMS) for healthcare workers.

In a 6-3 decision, the Court reimposed a “stay” (or hold) on the OSHA emergency temporary standard (ETS), preventing the agency from enforcing the rule. The majority concluded the opponents were “likely to succeed on the merits of their claim that the [OSHA] Secretary lacked authority to impose the mandate.”

According to the majority, OSHA’s

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