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Missouri v. Biden

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Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1463 8th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Centers for Medicare & Medicaid Services' Nov. 5, 2021, vaccine mandate for workers in most federally funded healthcare facilities violates the Administrative Procedure Act because it is arbitrary, capricious, and unlawful; (2) whether the mandate is unconstitutional under the Constitution's spending clause, the anti-commandeering doctrine, and the 10th Amendment; (3) whether the mandate violates the APA because it was issued without notice and comment; and (4) whether the mandate exceeds CMS’s statutory authority.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 12 2022Petition for a writ of certiorari filed. (Response due June 21, 2022)
Jun 21 2022Brief of respondents Joseph R. Biden, Jr., President of the United States, et al. in opposition filed.
Jun 21 2022Amicus brief of Center for Medical Freedom, et al. not accepted for filing.(Corrected version submitted) (June 24, 2022)
Jun 21 2022Brief amici curiae of America's Future, et al. filed.