Still, having this rule in effect until the consolidated case panel issues orders is a big win. That's probably why the Fifth Circuit issued this order so quickly before the panel was in place.
Presumably, if/when the panel were to vacate that order, we would see an immediate appeal to SCOTUS, and I really like our chances there because OSHA's rule, not to mention the bogus emergency basis behind it, is on extraordinarily shaky ground.
I agree.
This response also cited various circuit court precedents. So whichever one gets it will have to face that and I think that alone would force SCOTUS to take the case if they were to contradict their own precedents. Those are just my thoughts though.