[1] In September 2021, President of the United States Joe Biden announced his administration would be promulgating a vaccination or test mandate for all private companies with 100 or more employees.

[2] Challenges to OSHA regulations are randomly assigned to one of the twelve United States courts of appeals with geographic jurisdiction.

[4] Numerous challengers filed emergency applications at the Supreme Court of the United States in the days after the Fifth Circuit's stay was dissolved.

They stated that employees have "little control, and therefore little capacity to mitigate risk", and that the ruling "stymies the Federal Government’s ability to counter the unparalleled threat that COVID-19 poses to our Nation’s workers.

"[5] The three countered Gorsuch's statement and stated that OSHA was the actor with the best understanding of workplace in light of threat like COVID, and not the court system.