In a 22-page order issued November 12, 2021, the Fifth Circuit reaffirmed its initial stay of OSHA’s vaccine Emergency Temporary Standard (ETS). The 5th Circuit stated that petitioners are likely to succeed on the merits, meaning that OSHA’s ETS is an overreach of its authority on likely a variety of grounds. The 5th Circuit also outlined arguments on why the continued stay is necessary to avoid irreparable harm to the consolidated group of petitioners comprised of private employers and states, both inside and outside the geographical boundaries of the 5th Circuit.