After the Sixth Circuit was selected via a lottery in November to hear the consolidated challenges made against the recent OSHA emergency temporary standard (the “ETS”), there has been a flurry of activity in the case.  There are currently two main issues pending before the court, which will certainly shape the dispute: (1) several petitioners have asked for an initial hearing en banc (i.e., requesting the full court—and not just a three judge panel—to decide the case initially); and (2) the government has asked the court to dissolve the Fifth Circuit’s stay.  Read more about these updates in the challenges to OSHA’s vaccine ETS on Reed Smith’s Employment Watch blog.