What is the address of the fifth circuit court of appeals
With the briefing of the parties’ legal arguments complete, the Fifth Circuit ruled on the motions to stay and issued a 20-page order today staying the ETS pending “adequate judicial review” of the petitioners’ “underlying motions for permanent injunction” against OSHA and further ordered OHSA to “take no steps to implement or enforce the Mandate until further court order.” The Fifth Circuit found the traditional four-factor test in analyzing whether to grant a stay all weighed in favor of staying the ETS.
Thereafter, several petitioners filed motions to stay the ETS, OSHA filed responses to some of those motions, and the petitioners filed replies to OSHA’s responses. Seeking to maintain the status quo pending full briefing of the legal arguments of the parties, the Fifth Circuit issued a temporary stay on Saturday, November 6, 2021, staying the ETS.
#WHAT IS THE ADDRESS OF THE FIFTH CIRCUIT COURT OF APPEALS UPDATE#
The ETS, published on November 5, came under immediate challenge by various states and private parties (including individual businesses and trade associations) in several circuit courts of appeal across the country, including the Fifth Circuit and the Eleventh Circuit (for an overview of those challenges, see Lowndes’ update here). Last week, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (“ETS”) requiring large private employers to “vaccinate or test” their employees (the ETS is summarized here).