The 6th U.S. Circuit Court of Appeals, based in Cincinnati, agreed late Thursday with a lower court ruling that imposed a preliminary injunction on the proposed mandate that would have also required tens of millions of Americans to wear face masks at work.

“The court reaffirmed a basic civics lesson: The executive branch cannot demand compliance with a rule it never had the authority to write in the first place,” Yost said.

Shortly after the federal guidance was issued, Ohio, Kentucky and Tennessee, along with two Ohio sheriffs sued President Biden and several federal agencies to stop the mandate. The district court, in granting the preliminary injunction, said Biden likely exceeded his authority.

The federal government immediately appealed, and the 6th Circuit – serving Kentucky, Michigan, Ohio and Tennessee – denied a motion to stay the injunction.