Today, the en banc 6th Circuit having before it a multitude of cases seeking review of OSHA vaccine mandates found insufficient numbers of the judges interested in taking on the cases en banc before a panel could ultimately decide the case. Of some interest, are the dissenting opinions of Chief Judge Sutton (joined by several others) and Judge Bush who telegraph their likely votes should the case get to them. As to the former he questions whether OSHA was clearly given the authority to pass a vaccine mandate and Judge Bush questions whether Congress could even give it that authority. For those who enjoy history, there's a lot in there and Judge Bush discusses the history of vaccines and the federal response to the epidemics/pandemics that spawned them. IN RE: MCP NO. 165, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, INTERIM FINAL RULE: COVID-19 VACCINATION AND TESTING; EMERGENCY TEMPORARY STANDARD 86 FED. REG. 61402 21a0283p-06.pdf (uscourts.gov)<https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0283p-06.pdf> Charles W. Thompson, Jr. Executive Director/General Counsel P: (202) 466-5424 x7110 M: (240) 876-6790 D: (202) 742-1016 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2022 Mid-Year Seminar<https://imla.org/seminars/>, April 8-11, 2022 in Washington, D.C.! IMLA's 2022 Annual<https://imla.org/annual-conference/> Conference, October 19-23, 2022 in Portland, OR! Check out our On-Demand webinar library<https://netforum.avectra.com/eweb/shopping/shopping.aspx?site=imla&webcode=shopping&cart=0&shopsearchCat=Merchandise&productCat=Webinar> with 100+ webinars at your fingertips.