|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|21A240||8th Cir.||Jan 7, 2022||Jan 13, 2022||5-4||Per Curiam||OT 2021|
Holding: The court grants the applications to stay the two injunctions barring the Secretary of Health and Human Services’ regulation requiring facilities that participate in Medicare and Medicaid to ensure that their employees are vaccinated against COVID–19.
Judgment: Application granted in a per curiam opinion on January 13, 2022. Justice Thomas filed a dissenting opinion, in which Justices Alito, Gorsuch, and Barrett joined. Justice Alito filed a dissenting opinion, in which Justices Thomas, Gorsuch, and Barrett joined.
|Date||Proceedings and Orders |
|Dec 16 2021||Application (21A240) for a stay, submitted to Justice Kavanaugh.|
|Dec 17 2021||Response to application (21A240) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021.|
|Dec 21 2021||Motion for leave to file amici curiae brief filed by American Medical Association, et al.|
|Dec 22 2021||Application (21A240) referred to the Court.|
|Dec 22 2021||Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022.|
|Dec 22 2021||Motion for leave to file amici curiae brief filed by Service Employees International Union, et al.|
|Dec 23 2021||Because the Court has consolidated these applications for oral argument, future filings and activity in 21A240 and 21A241 will now be reflected on the docket of No. 21A240. Subsequent filings must therefore be submitted through the electronic filing system in No. 21A240. Any document submitted in connection with either of these applications must include on its cover the application number and caption for each application in which the filing is intended to be submitted. Where a filing is submitted in only one application, the docket entry will reflect that; a document filed in both applications will be noted as “VIDED.”|
|Dec 23 2021||Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED.|
|Dec 23 2021||Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED.|
|Dec 27 2021||Motion for leave to file amici curiae brief filed by Former Secretaries of Health and Human Services, et al. VIDED.|
|Dec 28 2021||Motion for divided argument filed by respondents. VIDED.|
|Dec 30 2021||Motion for divided argument filed by respondents GRANTED. VIDED.|
|Dec 30 2021||Response to application from respondent Missouri, et al. filed.|
|Dec 30 2021||Response to application from respondents Louisiana, et al. filed. VIDED.|
|Dec 30 2021||Motion for leave to file amici curiae brief filed by Baptist Homes & Healthcare Ministries, et al.|
|Jan 03 2022||Reply of applicants Joseph R. Biden, et al. filed. VIDED.|
|Jan 03 2022||Motion for leave to file amicus curiae brief filed by Reliant Care Mangement Company, L.L.C. VIDED.|
|Jan 03 2022||Motion for leave to file amici curiae brief filed by Doctors for Disaster Preparedness and Eagle Forum Education & Legal Defense Fund.|
|Jan 07 2022||Argued. For applicants in 21A240 and 21A241: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents in 21A240: Jesus A. Osete, Deputy Attorney General, Jefferson City, Mo. For respondents in 21A241: Elizabeth Murrill, Solicitor General, Baton Rouge, La. VIDED.|
|Jan 13 2022||The applications for stay presented to JUSTICE ALITO (21A241) and JUSTICE KAVANAUGH (21A240) and by them referred to the Court are granted. The District Court for the Eastern District of Missouri’s November 29, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Eighth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. The District Court for the Western District of Louisiana’s November 30, 2021, order granting a preliminary injunction is stayed pending disposition of the Government’s appeal in the United States Court of Appeals for the Fifth Circuit and the disposition of the Government’s petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Opinion per curiam. Thomas, J., filed a dissenting opinion, in which Alito, Gorsuch and Barrett, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, Gorsuch and Barrett, JJ., joined. VIDED.|
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