Previously, on December 17, 2021, the United States Court of Appeals for the Sixth Circuit granted the administration’s request to dissolve the Fifth Circuit’s November 6th stay on the regulation. The divided three-member court said the harm caused by keeping the emergency temporary standard frozen outweighs any damage that would come from letting it go into effect.
President Biden’s signature legislation remains stalled in the U.S. Senate with no clear path forward in the foreseeable future. The House-passed measure lacks the 50 votes necessary to clear the upper chamber under budget reconciliation rules. Senator Joe Manchin (D-WV) has been the most outspoken Democrat opposing the comprehensive bill, asserting that spending in the package would further drive up inflation, among other things. Those concerns were amplified this week when the Bureau of Labor Statistics released inflation data Wednesday showing that the consumer price index hit a four decade high of 7 percent in December compared to a year ago.