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Earlier in November, Fifth Circuit Judges Edith Jones, Stuart Kyle Duncan and Kurt Engelhardt unanimously granted an emergency temporary stay of the rule in BST Holdings v. OSHA, writing that the petitions gave “cause to believe there are grave statutory and constitutional issues with the mandate.” (Credit: anon_tae/Shutterstock) Earlier in November, Fifth Circuit Judges Edith Jones, Stuart Kyle Duncan and Kurt Engelhardt unanimously granted an emergency temporary stay of the rule in BST Holdings v. OSHA, writing that the petitions gave “cause to believe there are grave statutory and constitutional issues with the mandate.” (Credit: anon_tae/Shutterstock)

The U.S. Court of Appeals for the Sixth Circuit will consider lifting the stay on Occupational Safety and Health Administration’s (OSHA) vaccine-or-test mandate for private-sector employers.

In a motion filed Tuesday, the government said the Fifth Circuit’s stay on the agency rule requiring workers to either get vaccinated or tested periodically should be immediately lifted in order to prevent COVID-19 deaths and hospitalizations. Attorneys with the agency, U.S. Department of Justice and Department of Labor contended that one of the Fifth Circuit’s primary reasoning for granting the stay — that OSHA doesn’t have statutory authority to create the emergency rule — was flawed.

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