Podcast Episode 110: Potential Legal Challenges to Biden’s Vaccine Mandates

In this episode, Chase Cannon and Suzanne Spradley discuss the history of, and legal challenges to, OSHA's Emergency Temporary Standards (ETS), the format for the Biden administration’s recently announced vaccine mandate and COVID-19 testing alternative for employers. Suzanne begins with an overview of the likely legal challenges to the use of the ETS process, the historical use of OSHA's ETS instead of the standard rule-making process and prior court rulings that generally did not support the use of the ETS. Suzanne and Chase review the questions that will likely be raised considering the prior COVID-19-related ETS limited to healthcare workers and evidence that may be used to support a more expansive ETS.