…Since general public health measures are beyond OSHA’s legal purview, the majority concluded, the businesses, employees, and states that challenged the ETS were likely to prevail in arguing that the agency had exceeded its statutory authority. Under the same reasoning, that would also be true of a permanent standard that resembled the ETS in its breadth and justification.
“The Biden Administration is not giving up,” the New Civil Liberties Alliance, one of the organizations that opposed the vaccine mandate, warns in a press release. “Instead, it says that it will focus its resources on promulgating a permanent rule rather than the ETS.”