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Becerra v. Louisiana

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Application for stay

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
21A241 5th Circ. Jan 7, 2022
 TBD TBD TBD OT 2021

Issue: Whether the Supreme Court should issue a stay of the injunction issued by the United States District Court for the Western District of Louisiana blocking a federal rule that requires all health care workers at facilities that participate in Medicare and Medicaid programs to be fully vaccinated against COVID-19 unless they are eligible for a medical or religious exemption.

DateProceedings and Orders (key to color coding)
Dec 16 2021Application (21A241) for a stay, submitted to Justice Alito.
Dec 17 2021Response to application (21A241) requested by Justice Alito, due by 4pm on Thursday, December 30, 2021.
Dec 21 2021Motion for leave to file amici curiae brief filed by American Medical Association, et al.
Dec 22 2021Application (21A241) referred to the Court.
Dec 22 2021Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. Consideration of the application (21A240) 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 Service Employees International Union, et al.
Dec 23 2021Because 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.”
Jan 07 2022Argued. 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 2022The 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.