en banc means all 16 judges on the 6th circuit hear the case and rule on it.
There was a motion to have an en banc hearing instead of the 3 judge panel that was denied because the judges split 8/8 on it.
One of the judges on the 3 judge panel that dissented from its ruling voted to deny en banc prior to the judgement of the 3 judge panel and will probably vote to restore the stay along with the 8 that voted to have an en banc judgement if it goes to en banc now.
But it has also been appealed directly to SCOTUS and they may issue the stay or kick it back down to an en banc hearing by the 6th circuit. (hopefully they will not issue a hard ruling against the stay, so far they have merely refused to issue one in similar cases and deferred to lower courts)
The filing to SCOTUS is on a narrow basis.
They aren’t asking for the mandate to be kicked.
They are asking SCOTUS to stop OSHA as having exceeded their authority.
I think this is a good filing as they aren’t asking SCOTUS to rule on the mandate itself.
This give SCOTUS some breathing\dancing room...
OSHA kicked the effective date to Feb. 9.
My prediction is SCOTUS will kick it back down to the 6th for an en banc hearing. Of course that will take 1,234,567,890 years to happen.
-SB
To my employer:
You have asked me to obtain therapy for a hazard that is not inherently found in this workplace. According to you, I must obtain this therapy as a condition of my continued employment, regardless of my personal reservations (conscience).
First we must establish that you are not a bona-fide healthcare professional; agreed?
I will accept your terms if you will sign \this\ acceptance of on-going liability -into perpetuity- for any adverse debilitating reactions from receiving the therapy.
This will include “Auto-immune Dependency”, damage to my naturally recovered immunity (causing me to be more vulnerable to ALL viruses), and even death.
To summarize, you MY EMPLOYER will assume ALL responsibility for any and all adverse effects attributable to my taking the recommended course of the therapy.