By Zachary B. Busey & Mary Katherine Campion,
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
As summarized in previous alerts, on December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA’
s “
Vaccine or Test”
(Emergency Temporary Standard) ETS by the Fifth Circuit Court of Appeals. Immediately following the Sixth Circuit’
s decision, emergency applications were filed with the United States Supreme Court. Each emergency application asked the Supreme Court to again stay the ETS. On January 13, 2022, the Supreme Court granted the emergency applications.
