Last night, Wednesday December 22, 2021, the United States Supreme Court announced it has scheduled a hearing for the appeals of a Sixth Circuit Court of Appeals decision to lift the “stay” on the Emergency Temporary Standard (ETS) that the federal Occupational Health and Safety Administration issued in November. Until the Supreme Court issues a decision, the ETS remains in effect.
When the ETS was first issued, it was immediately challenged in multiple federal lawsuits. An injunction was granted by the Fifth Circuit Court of Appeals that “stayed” the ETS nationally, which meant that …