The final round in the heavyweight fight over a couple of the Biden vaccine mandates – including the OSHA Emergency Temporary Standard (ETS) for private employers with 100 or more workers – is set to be argued before the Supreme Court of the United States (SCOTUS) on January 7. In taking up the issues, the court will consolidate two sets of appeals over two distinct Biden administration mandates. The cases of NFIB v OSHA and Ohio v OSHA, both of which concern the OSHA ETS, while the Biden v Missouri and Becerra v Louisiana cases, both of which relate the CMS vaccine mandate for healthcare workers, will be separately consolidated for SCOTUS review and adjudication. As we know, a 6th Circuit Court of Appeals decision rendered last Friday dissolved the stay that had been imposed on the OSHA ETS earlier this month and in the wake of that decision, OSHA posted new compliance dates on its website. Consequently, unless the mandate is stopped by SCOTUS, covered employers must comply with the provisions of the ETS by January 10, 2022. If an employer opts to permit employees to test in lieu of vaccination, then testing of unvaccinated employees must begin no later than February 9, 2022.