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    United States Court of Appeals For The Fifth Circuit: Petitioners, Versus

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    Jamie White
    This document is an order from the United States Court of Appeals for the Fifth Circuit staying the enforcement of an emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) relating to COVID-19 vaccinations. The order was issued in response to emergency motions from numerous petitioners seeking to stay the ETS pending expedited judicial review. The court found that the petitions gave cause to believe there are grave statutory and constitutional issues with the ETS, so it issued a stay of the ETS until further action. The government is ordered to respond to the petitioners' motion for a permanent injunction by November 8, and petitioners may file a reply by November 9.

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    United States Court of Appeals For The Fifth Circuit: Petitioners, Versus

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    Jamie White
    47K views3 pages
    This document is an order from the United States Court of Appeals for the Fifth Circuit staying the enforcement of an emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) relating to COVID-19 vaccinations. The order was issued in response to emergency motions from numerous petitioners seeking to stay the ETS pending expedited judicial review. The court found that the petitions gave cause to believe there are grave statutory and constitutional issues with the ETS, so it issued a stay of the ETS until further action. The government is ordered to respond to the petitioners' motion for a permanent injunction by November 8, and petitioners may file a reply by November 9.

    Original Description:

    Federal Court of Appeals temporarily blocks Biden's vaccine mandate

    Original Title

    21-60845.0

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    This document is an order from the United States Court of Appeals for the Fifth Circuit staying the enforcement of an emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) relating to COVID-19 vaccinations. The order was issued in response to emergency motions from numerous petitioners seeking to stay the ETS pending expedited judicial review. The court found that the petitions gave cause to believe there are grave statutory and constitutional issues with the ETS, so it issued a stay of the ETS until further action. The government is ordered to respond to the petitioners' motion for a permanent injunction by November 8, and petitioners may file a reply by November 9.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    47K views3 pages

    United States Court of Appeals For The Fifth Circuit: Petitioners, Versus

    Uploaded by

    Jamie White
    This document is an order from the United States Court of Appeals for the Fifth Circuit staying the enforcement of an emergency temporary standard (ETS) issued by the Occupational Safety and Health Administration (OSHA) relating to COVID-19 vaccinations. The order was issued in response to emergency motions from numerous petitioners seeking to stay the ETS pending expedited judicial review. The court found that the petitions gave cause to believe there are grave statutory and constitutional issues with the ETS, so it issued a stay of the ETS until further action. The government is ordered to respond to the petitioners' motion for a permanent injunction by November 8, and petitioners may file a reply by November 9.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    Case: 21-60845 Document: 00516083925 Page: 1 Date Filed: 11/06/2021

    United States Court of Appeals


    for the Fifth Circuit

    No. 21-60845

    BST Holdings, L.L.C.; RV Trosclair, L.L.C.; Trosclair


    Airline, L.L.C.; Trosclair Almonaster, L.L.C.;
    Trosclair and Sons, L.L.C.; Trosclair ; Trosclair,
    Incorporated; Trosclair Carrollton, L.L.C.; Trosclair
    Claiborne, L.L.C.; Trosclair Donaldsonville, L.L.C.;
    Trosclair Houma, L.L.C.; Trosclair Judge Perez, L.L.C.;
    Trosclair Lake Forest, L.L.C.; Trosclair Morrison,
    L.L.C.; Trosclair Paris, L.L.C.; Trosclair Terry, L.L.C.;
    Trosclair Williams, L.L.C.; Ryan Dailey; Jasand
    Gamble; Christopher L. Jones; David John Loschen;
    Samuel Albert Reyna; Kip Stovall; Answers in Genesis,
    Incorporated; American Family Association,
    Incorporated; Burnett Specialists; Choice Staffing,
    L.L.C.; Staff Force, Incorporated; Leadingedge
    Personnel, Limited; State of Texas; HT Staffing,
    Limited; doing business as HT Group; The State of
    Louisiana; Cox Operating, L.L.C.; Dis-Tran Steel,
    L.L.C.; Dis-Tran Packaged Substations, L.L.C.; Beta
    Engineering, L.L.C. Optimal Field Services, L.L.C.; The
    State of Mississippi; Gulf Coast Restaurant Group,
    Incorporated; The State of South Carolina; The State
    of Utah; Word of God Fellowship, Incorporated, doing
    busines as Daystar Television Network,

    Petitioners,

    versus

    Occupational Safety and Health Administration,


    United States Department of Labor; United States
    Case: 21-60845 Document: 00516083925 Page: 2 Date Filed: 11/06/2021

    No. 21-50353

    Department of Labor; Martin J. Walsh, Secretary, U.S.


    Department of Labor; Douglas Parker, in his Official
    Capacity as Assistant Secretary of Labor for
    Occupational Safety and Health,

    Respondents.

    Petition for Review of


    Occupational Safety and Health Administration
    Emergency Temporary Standard

    Before Jones, Duncan, and Engelhardt, Circuit Judges.


    Per Curiam:*
    Before the court is the petitioners’ 1 emergency motion to stay
    enforcement of the Occupational Safety and Health Administration’s
    November 5, 2021 Emergency Temporary Standard 2 (the “Mandate”)
    pending expedited judicial review.
    Because the petitions give cause to believe there are grave statutory
    and constitutional issues with the Mandate, the Mandate is hereby STAYED
    pending further action by this court.

    *Pursuant to 5th Circuit Rule 47.5, the court has determined that this
    opinion should not be published and is not precedent except under the limited
    circumstances set forth in 5th Circuit Rule 47.5.4.
    1 This order addresses only the emergency motion filed by the above-captioned
    petitioners. Going forward, the Clerk of Court shall ensure that all related motions and
    petitions in this court be consolidated under this case number, and that all parties—
    including the Government—make all related filings in this case.
    2 See COVID-19 Vaccination and Testing; Emergency Temporary Standard, 86
    Fed. Reg. 61,402 (Nov. 5, 2021) (to be codified at 29 C.F.R. pts. 1910, 1915, 1917, 1918,
    1926, and 1928).

    2
    Case: 21-60845 Document: 00516083925 Page: 3 Date Filed: 11/06/2021

    No. 21-60845

    The Government shall respond to the petitioners’ motion for a


    permanent injunction by 5:00 PM on Monday, November 8.
    The petitioners shall file any reply by 5:00 PM on Tuesday, November
    9.

    So ordered.

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