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Ohio v. Department of Labor, Occupational Safety and Health Administration

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Application for stay

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
21A247 6th Cir. Jan 7, 2022
 TBD TBD TBD OT 2021

Issue: Whether the Supreme Court should issue a stay of OSHA's vaccine-or-testing regime for all businesses with 100 or more employees.

DateProceedings and Orders (key to color coding)
Dec 18 2021Application (21A247) for a stay, submitted to Justice Kavanaugh.
Dec 20 2021Response to application (21A247) requested by Justice Kavanaugh, due by 4pm on Thursday, December 30, 2021.
Dec 20 2021Motion for leave to file amicus curiae brief filed by Washington Legal Foundation.
Dec 22 2021Application (21A247) 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 30 2021Motion for leave to file amici curiae brief of We The Patriots USA, Inc. not accepted for filing. (January 05, 2022) (Due to the consolidation of these cases, filings in No. 21A244 and/or 21A247 must be submitted through the electronic filing system in only No. 21A244.)
Dec 30 2021Response of United States Department of Labor, Occupational Safety and Health Administration, et al. to application not accepted for filing. (January 05, 2022) (Due to the consolidation of these cases, filings in No. 21A244 and/or 21A247 must be submitted through the electronic filing system in only No. 21A244.)
Dec 30 2021Motion for leave to file amicus curiae brief of Small Business Majority, et al. not accepted for filing. (January 05, 2022) (Due to the consolidation of these cases, filings in No. 21A244 and/or 21A247 must be submitted through the electronic filing system in only No. 21A244.)
Jan 06 2022Motion for leave to file amici curiae brief of Alsco, Inc. not accepted for filing. (January 07, 2022) (Due to the consolidation of these cases, filings in No. 21A244 and/or 21A247 must be submitted through the electronic filing system in only No. 21A244.)
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.