SCOTUS Will Hear Trucking’s Case to Block Biden’s Vax Mandate Early Next Year

Washington D.C. — The Supreme Court of the United States (SCOTUS) will hear trucking stakeholders’ challenge to President Biden’s vaccination-or-testing mandate for large businesses early next year.

In an order issued on Wednesday, SCOTUS set oral arguments for January 7, 2022, on whether to block the Occupational Safety and Health Administration’s (OSHA) controversial Emergency Temporary Standard (ETS) from being enforced until the matter can be fully litigated.




 

The ETS forces employers — with 100 employees or more — to require employees to be fully vaccinated by January 4, 2022, or ensure all unvaccinated employees wear a facial covering and provide proof of a negative COVID-19 test each week.

The latest order comes after more than two dozen of the petitioners in the case — including the American Trucking Associations, Kentucky Trucking Association, Louisiana Motor Transport Association, Mississippi Trucking Association, Michigan Trucking Association, Ohio Trucking Association, Tennessee Trucking Association, and Texas Trucking Association — filed an appeal to SCOTUS last Friday, December 17, immediately following an opinion by the U.S. Court of Appeals for the Sixth Circuit reinstating OSHA’s ETS.




 

In November, the trucking groups filed suit in the U.S. Court of Appeals for the Fifth Circuit against the Biden Administration arguing the ETS exceeds OSHA’s authority and will “impose substantial and nonrecoverable compliance costs.”

The Fifth Circuit initially issued a stay effectively freezing enforcement of the ETS citing “grave constitutional concerns.”


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However, a flurry of cases challenging the ETS were consolidated in the Sixth Circuit leading to last week’s order reinstating the ETS.

Following the reinstatement of its ETS, OSHA said it will not issue citations for noncompliance with any of the requirements before January 10, 2022, and will not issue citations for noncompliance with the testing requirements before February 9, 2022, so long as an employer is “exercising reasonable, good faith efforts to come into compliance with the standard.”

Transportation Nation Network was the first trucking media outlet to break these stories and will continue to closely follow new developments.

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