On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS), which required employers who have more than 100 employees to mandate vaccination for their employees. A variety of plaintiffs requested a stay from the Fifth Circuit, and the Fifth Circuit granted a stay on November 6. On November 13, the Court issued a longer opinion, affirming its previous stay, and extended the stay till the final judgment. BTS Holdings v. OSHA, (No. 21-60845, November 13, 2021).
In this episode, we analyzed the Fifth Circuit's jurisprudence toward administrative actions, and we also discussed the Court's general position toward COVID 19.
Speakers:
Brian Owsley, University of North Texas School of Law
Leo Yu, Southern Methodist University School of Law