US Supreme Court

Today the US Supreme Court will hear 2 cases. At 10:00 a.m., the Court will hear one hour of oral argument as to whether to reimpose a stay of the ETS, which is currently scheduled to go into effect on Monday, January 10, 2022. Previously, the U.S. Circuit Court of Appeals for the Fifth Circuit stayed the ETS on a nationwide basis. The various court challenges to the ETS were consolidated into a single circuit, and on December 17, 2021, the U.S. Circuit Court of Appeals for the Sixth Circuit lifted the stay, setting the stage for the ETS to go into effect. An emergency appeal to the U.S. Supreme Court was filed hours later. Details of the Sixth Circuit's decision, and what it means for employers, may be found here. Immediately following oral argument on the ETS, at 11:00 a.m., the Court will hear argument on the CMS rule for healthcare workers. Two federal courts enjoined the CMS rule on a nationwide basis; on December 15, 2021, the Fifth Circuit modified the stay to enjoin the rule in 24 states, while allowing it to go forward in the remaining 26 (the rule is also separately stayed in Texas, which has filed its own challenge). Under the CMS rule, up to 17 million workers at over 76,000 healthcare facilities across the country would be required to be vaccinated for COVID-19.