The vaccine-or-test requirement was implemented as an emergency temporary standard. OSHA can issue such standards if it determines “that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards,” and that the rule is “necessary” to protect workers from that danger.

The administration told the court earlier this week that OSHA had acted within its authority and that a stay of the requirement "would likely cost dozens or even hundreds of lives per day."

It remains unclear whether the legality of the rule will ultimately be addressed by the Fifth Circuit or by another circuit. Because multiple lawsuits have been filed in various appeals courts, a lottery has been triggered to determine which circuit will hear the challenge. The lottery is scheduled to take place next week.

See omnystudio.com/listener for privacy information.

The Biden administration is likely to appeal the panel's decision to the full court.

Engelhardt was appointed to the bench by former President Donald Trump. The other two members of the panel, Judge Kyle Duncan and Judge Edith Jones, were appointed by Trump and former President Ronald Reagan, respectively.

More than a dozen lawsuits have been filed in various appeals courts by businesses, religious organizations and states arguing that the vaccine-or-test requirement goes beyond OSHA’s authority and runs afoul of the First Amendment, the Constitution's Commerce clause and laws protecting religious freedom.

See omnystudio.com/listener for privacy information.

See omnystudio.com/listener for privacy information.

See omnystudio.com/listener for privacy information.

Political Reporter John Wagner on Trump,  hang Mike Pence, and Bannon.

Why are some reluctant to get vaccinated?

See omnystudio.com/listener for privacy information.

Guest this week include headliners Chris Riggins, Lauren Mayer & Jason Mack.

See omnystudio.com/listener for privacy information.

Callers call in to give their opinion on Bannon.

See omnystudio.com/listener for privacy information.

A federal grand jury has returned an indictment against former Donald Trump adviser Steve Bannon for contempt of Congress, the Justice Department announced Friday.

See omnystudio.com/listener for privacy information.

Movie reviews come early with Tim Sika.

See omnystudio.com/listener for privacy information.

ABC 7's Dan Ashley fills in for Mark today. He gets an update on Covid-19 from ABC 7 Medical Expert Dr. Alok Patel, discusses gun rights with Texas gun store owner Michael Cargill, talks to the San Francisco Marin Food Bank's Barbara Abbott about supply chain challenges, and finishes out the program discussing investments with Morgan Staney Wealth Advisor George Noceti.

See omnystudio.com/listener for privacy information.