Bloomberg Law
Jan. 14, 2022, 2:52 PM

Shot-or-Test Rule ‘Dead’ as High Court Dooms Further Litigation

Robert Iafolla
Robert Iafolla

The U.S. Supreme Court effectively killed President Joe Biden’s Covid-19 shot-or-test rule for large employers with its order blocking the measure, setting up the administration to withdraw the regulation or continue pointless litigation, legal observers said.

Although a federal appeals court in Cincinnati is poised to consider the merits of the emergency temporary standard, the high court’s six conservative justices unequivocally said Thursday that the rule was an unauthorized exercise of federal agency power. They crafted their stay order to remain in place if the regulation somehow survives judicial review by that lower court and returns to the high court. ...

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