On December 17 the 6th Circuit (2-1) dissolved the 5th Circuit's stay of OSHA's rule that employers with 100 or more employees require COVID vaccinations or weekly testing. Mass. Building Trades Council v. OSHA (6th Cir 12/17/2021) [PDF].

After the 5th Circuit issued its stay of the rule, a large number of similar challenges pending in multiple federal Circuit courts were consolidated and transferred to the 6th Circuit. That court ruled that the challengers (1) "cannot establish a likelihood of success on the merits" and (2) "have not shown that any injury from lifting the stay outweighs the injuries to the Government and the public interest."

The dissent is of the opinion that "The Secretary of Labor lacks statutory authority to issue the mandate."