Biden v. Missouri

Application for stay is granted on January 13, 2022.

Consolidated with:

Becerra v. Louisiana

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.

SCOTUSblog Coverage

Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers (Amy Howe, January 13, 2022)
Breaking down the vaccine arguments (SCOTUStalk, January 10, 2022)
During arguments over COVID-19 policy, two absent lawyers and more masks on the bench (Mark Walsh, January 8, 2022)
Court seems poised to block vaccine-or-test policy for workplaces but may allow vaccine mandate for health care workers (Amy Howe, January 7, 2022)
Biden vaccine policies face Supreme Court test amid nationwide COVID-19 surge (Amy Howe, January 6, 2022)
Justices will hear arguments on Jan. 7 in challenges to Biden vaccine policies (Amy Howe, December 23, 2021)

Date	Proceedings and Orders (key to color coding)
12/16/2021	Application (21A240) for a stay, submitted to Justice Kavanaugh.
12/17/2021	Response to application (21A240) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021.
12/21/2021	Motion for leave to file amici curiae brief filed by American Medical Association, et al.
12/22/2021	Application (21A240) referred to the Court.
12/22/2021	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.
12/22/2021	Motion for leave to file amici curiae brief filed by Service Employees International Union, et al.
12/23/2021	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.”
12/23/2021	Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED.
12/23/2021	Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED.
12/27/2021	Motion for leave to file amici curiae brief filed by Former Secretaries of Health and Human Services, et al. VIDED.
12/28/2021	Motion for divided argument filed by respondents. VIDED.
12/30/2021	Motion for divided argument filed by respondents GRANTED. VIDED.
12/30/2021	Response to application from respondent Missouri, et al. filed.
12/30/2021	Response to application from respondents Louisiana, et al. filed. VIDED.
12/30/2021	Motion for leave to file amici curiae brief filed by Baptist Homes & Healthcare Ministries, et al.
01/03/2022	Reply of applicants Joseph R. Biden, et al. filed. VIDED.
01/03/2022	Motion for leave to file amicus curiae brief filed by Reliant Care Mangement Company, L.L.C. VIDED.
01/03/2022	Motion for leave to file amici curiae brief filed by Doctors for Disaster Preparedness and Eagle Forum Education & Legal Defense Fund.
01/07/2022	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.
01/13/2022	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.