![]() ![]() In addition to the Fifth Circuit challenge, actions have been filed in the Sixth, Eighth, and Eleventh Circuits. On the date that the ETS was published, challenges were filed in 4 different circuits by separate coalitions of states. What Happens Next? The Fifth Circuit is one of 13 appellate courts that sit below the Supreme Court. Further, the earliest the ETS requires compliance with any of its provisions is December 5, 2021, and employees have until Januto be vaccinated or begin regular testing, meaning that the stay has no immediate practical effect. However, the Fifth Circuit’s stay is temporary and can be lifted-the Fifth Circuit has not made a decision on whether or not the challenge to the ETS has merit. What Does This Mean? Until further court action, enforcement of the ETS is stayed.
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