Several lawsuits that challenge the OSHA rule, known as an emergency temporary standard, were combined into one and sent to the Cincinnati, Ohio-based 6th Circuit Court, of which 11 of 16 judges are Republican appointees. Two days after OSHA published the rule, scheduled to go into effect on Jan. 4, the Louisiana-based U.S. 5th Court of Appeals issued an order blocking the mandate. Last week, in a scathing ruling, the panel of judges on the appeals court reaffirmed their previous injunction and wrote that the mandate will likely be declared unconstitutional. On Nov. 23, the Biden administration filed court papers arguing that the 5th Circuit panel erroneously interpreted the OSHA mandate….
