Not official use. |
What does all of this mean for employers? Right now... nothing really. It's an emergency stay that will be temporary. Presumably, we'll see a consolidation and whichever court gets the case will make a ruling that matters (although even then, we have the potential for SCOTUS review). Some employers may roll the dice and hope for a favorable ruling, but I'd hate to bet on that outcome and be wrong!
To get a flavor for the arguments in the Fifth Circuit case, check out the Petitioners' Emergency Motion to Stay Enforcement Pending Review and Expedite Review. You'll note that the focus is on OSHA's authority to mandate vaccines pursuant to the statute - the focus is not on individual liberty. We'll probably see some arguments regarding individual freedom to self-determination on health and medical issues, but I doubt that kind of "substantive due process" argument will win the day. The statutory authority arguments appear to be much stronger.
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