The ink is barely dry from Friday’s Sixth Circuit 2-1 decision to lift the stay of OSHA’s vaccine-or-test COVID-19 Emergency Temporary Standard (ETS). And petitions to block the mandate are flying into the Supreme Court.
Among the filers are more than half the United States of America — 27 to be exact. Hey, that’s the same number of points that the Philadelphia Eagles hung on the lowly Washington Football Team last night.
We’re going to play another game in a sec, but let’s see why the 27 States believe they are entitled to a stay of the ETS pending review. They have offered five reasons why the ETS is unlawful:
- COVID-19 is not an occupational danger that OSHA may regulate.
- COVID-19 does not present the type of “grave” danger that the Occupational Safety and Health Act (OSH Act) requires.
- The ETS is not a necessity.
- The ETS is not a “temporary” response to an “emergency.”
- The ETS is unconstitutional.
Further, absent an injunction, the states and their citizens will suffer irreparable harm, and staying the ETS is in the public interest (without substantially harming the government).
You can read a redacted version of the 27-State petition here. I redacted the petition by removing all the State identifiers.
Which 27 states oppose OSHA’s ETS? And which **checks history notes** 23 states favor it? Let’s see how well you know your state.
Head over to this post I’m running on LinkedIn and add your guesses to the comments. I’ll respond with a 👍or 👎 (or whatever emoji strikes me in the moment.)