OSHA this week halted President Joe Biden's vaccine mandate for large companies, but the legal battle continues.
The decision after the Fifth Circuit Court of Appeals blocked the emergency temporary standard, calling it unconstitutional. It means large businesses no longer have to meet a December deadline to force the jab on their workers.
The case now goes to the Sixth Circuit Court of Appeals, which is considered one the most conservative.
"Almost 68 percent, if not 70 percent, are all Republican conservative appointees. Many are Trump and the other are George W. Bush appointees," says labor attorney Andy Trusevich.
Trusevich says it still doesn't stop companies from imposing their own mandate.
"If private employers want to continue to say we require vaccination or masks, or weekly testing, as long as they give the two possible exceptions," either medical or religious.
However, federal workers and contractors still have to be vaccinated by Monday or face suspension and possible termination.