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National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration

Application for stay is granted on January 13, 2022.

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
21A244 6th Cir. Jan 7, 2022 Jan 13, 2022 TBD Per Curiam OT 2021

Holding: The court grants the applications to stay the Occupational Safety & Health Administration’s challenged rule mandating that employers with at least 100 employees require covered workers to receive a COVID–19 vaccine.

Judgment: Application granted in a per curiam opinion on January 13, 2022. Justice Gorsuch filed a concurring opinion, in which Justices Thomas and Alito joined. Justices Breyer, Sotomayor, and Kagan filed a dissenting opinion.

DateProceedings and Orders (key to color coding)
Dec 17 2021Application (21A244) for a stay, submitted to Justice Kavanaugh.
Dec 20 2021Response to application (21A244) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021.
Dec 20 2021Motion for leave to file amicus curiae brief filed by Washington Legal Foundation.
Dec 22 2021Application (21A244) referred to the Court.
Dec 22 2021Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh 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 2021Motion for leave to file amici curiae brief filed by Former OSHA Administrators Charles Jeffress, David Michaels, and Gerard Scannell. VIDED.
Dec 23 2021Because the Court has consolidated these applications for oral argument, future filings and activity in 21A244 and 21A247 will now be reflected on the docket of No. 21A244. Subsequent filings in No. 21A244 and/or 21A247 must therefore be submitted through the electronic filing system in No. 21A244. 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 2021Motion for divided argument filed by applicants. VIDED.
Dec 23 2021Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED.
Dec 23 2021Motion for leave to file amicus curiae brief filed by Constitutional Accountability Center. VIDED.
Dec 27 2021Motion for leave to file amici curiae brief filed by National Employment Lawyers Association and Jobs With Justice Educational Fund. VIDED.
Dec 28 2021Motion for leave to file amicus curiae brief filed by Tore Says LLC. VIDED.
Dec 28 2021Motion for leave to file amicus curiae brief filed by Liberty, Life and Law Foundation. VIDED.
Dec 29 2021Motion for leave to file amicus curiae brief filed byDefending The Republic, Inc. VIDED.
Dec 29 2021Motion for leave to file amicus curiae brief filed by Standard Process Inc. VIDED.
Dec 30 2021Motion for divided argument filed by applicants GRANTED. VIDED.
Dec 30 2021Motion for Leave to File and Brief of Amici Curiae of Members of Congress not accepted for filing. (January 03, 2022)
Dec 30 2021Response to application from respondents Occupational Safety and Health Administration, et al. filed. VIDED.
Dec 30 2021Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED.
Dec 30 2021Motion for leave to file amici curiae brief filed by Local Unions 1249 and 97 of the International Brotherhood of Electrical Workers. VIDED.
Dec 30 2021Response to application from respondents American Federation of Labor and Congress of Industrial Organizations filed. VIDED.
Dec 30 2021Motion for leave to file amicus curiae brief filed by America's Frontline Doctors. VIDED.
Dec 30 2021Motion for leave to file amicus curiae brief filed by We The Patriots USA, Inc. VIDED.
Dec 30 2021Motion for leave to file amici curiae brief filed by American Medical Association, et al. VIDED.
Dec 30 2021Motion for leave to file amici curiae brief filed by Center for Medical Freedom, et al. VIDED.
Dec 30 2021Motion for leave to file amicus curiae brief filed by Advancing American Freedom. VIDED.
Dec 30 2021Motion for leave to file amici curiae brief filed by National Disability Rights Network, et al. VIDED.
Dec 30 2021Motion for leave to file amici curiae brief filed by Small Business Majority, et al. VIDED.
Dec 30 2021Motion for leave to file amicus curiae brief filed by the IU Family for Choice, not Mandates, Inc. VIDED.
Jan 03 2022Reply of applicant National Federation of Independent Business, et al. filed.
Jan 03 2022Motion for leave to file amici curiae brief filed by Texas Values, et al. VIDED.
Jan 03 2022Motion for leave to file amici curiae brief filed by Members of Congress. VIDED.
Jan 03 2022Reply of applicant Ohio, et al. filed.
Jan 05 2022Motion for leave to file amici curiae brief filed by Jason Feliciano and the International Conference of Evangelical Chaplain Endorsers. VIDED.
Jan 05 2022Motion for leave to file amicus curiae brief filed by Foundation for Moral Law. VIDED.
Jan 06 2022Motion for Leave to File Amicus Brief and Brief of American Commitment Foundation, Inc. not accepted for filing. (January 11, 2022--Corrected version to be submitted)
Jan 06 2022Motion for leave to file amicus curiae brief filed by American Commitment Foundation, Inc.
Jan 06 2022Motion for leave to file amici brief filed by 400 Physicians, Surgeons, Nurses, and Medical Professionals. VIDED.
Jan 06 2022Motion for leave to file amici curiae brief filed by Two Unnamed Workers.
Jan 06 2022Motion for leave to file amicus curiae brief filed by Alsco, Inc. VIDED.
Jan 07 2022Argued. For applicants in 21A244: Scott A. Keller, Washington, D. C. For applicants in 21A247: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jan 13 2022The applications for stays (21A244 & 21A247) presented to JUSTICE KAVANAUGH and by him referred to the Court are granted. OSHA’s COVID–19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402, is stayed pending disposition of the applicants’ petitions for review in the United States Court of Appeals for the Sixth Circuit and disposition of the applicants’ petitions for writs of certiorari, if such writs are timely sought. Should the petitions for writs of certiorari be denied, this order shall terminate automatically. In the event the petitions for writs of certiorari are granted, the order shall terminate upon the sending down of the judgment of this Court. Opinion per curiam. Gorsuch, J., filed a concurring opinion, in which Thomas and Alito, JJ., joined. Breyer, Sotomayor, and Kagan, JJ., filed a dissenting opinion. VIDED.