Kavanaugh’s request comes after the 6th Circuit lifted the injunction on President Biden’s COVID vaccine mandate on businesses with over 100 employees on Friday.
U.S. Supreme Court Justice Brett Kavanaugh is asking the Biden Administration to respond to appeals filed challenging the 6th Circuit Court of Appeals’ reinstatement of the COVID vaccine mandate on businesses with over 100 employees.
Kavanaugh has jurisdictional authority over the 6th Circuit as he is the Justice appointed to oversee appeals resulting from action in that district. He wants President Joe Biden’s White House to respond by close of business on December 30th.
Justice Kavanaugh’s request comes after the 6th Circuit lifted the injunction on President Biden’s COVID vaccine mandate on businesses with over 100 employees on Friday. That decision allows the Department of Labor through the Occupational Safety and Health Administration (OHSA) to implement its rules and penalties for noncompliance. The 6th Circuit was randomly selected to hear the many challenges to the mandate after cases were consolidated and transferred to the one court.
The U.S. Supreme Court does not currently have a case listed on its docket to hear the challenge to the Biden vaccine mandate. However, states and businesses who are seeking relief from the mandate want an expedited hearing.
Justice Kavanaugh could request that the matter be brought before the nation’s highest court for consideration of the mandate’s validity but it is unlikely that such action would come before OSHA’s January 10th deadline. After that date, OSHA says it will begin issuing citations for noncompliance.
The 5th Circuit had issued the stay on the President’s mandate in early November, ahead of the initial deadline given by the Administration. The action was filed by Mississippi and other states, along with private businesses. OSHA, then, suspended the implementation and enforcement of the mandate.