The Sixth Circuit's ruling drew an immediate appeal to the U.S. Supreme Court filed by a conservative advocacy organization and a group of businesses. The high court's conservative majority could decide whether this key Biden initiative to boost workplace vaccination rates takes effect before it expires in May. (Credit: Giovanni Cancemi/Shutterstock.com)
(Bloomberg Law) — The Biden administration's emergency COVID-19 shot-or-test rule for large employers can go into effect now that a federal appeals court in Cincinnati lifted another tribunal's order that had blocked the measure.
A divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit granted the administration's request to dissolve the Fifth Circuit's Nov. 6, 221, stay on the regulation. The harm caused by keeping the emergency temporary standard (ETS) frozen outweighs any damage that would stem from letting it go into effect, the court said.
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