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 | N/A | 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.
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 |
|---|---|
| 12/17/2021 | Application (21A244) for a stay, submitted to Justice Kavanaugh. |
| 12/20/2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021. |
| 12/20/2021 | Motion for leave to file amicus curiae brief filed by Washington Legal Foundation. |
| 12/22/2021 | Application (21A244) referred to the Court. |
| 12/22/2021 | Consideration 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. |
| 12/22/2021 | Motion for leave to file amici curiae brief filed by Former OSHA Administrators Charles Jeffress, David Michaels, and Gerard Scannell. VIDED. |
| 12/23/2021 | Because 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.” |
| 12/23/2021 | Motion for divided argument filed by applicants. 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 amicus curiae brief filed by Constitutional Accountability Center. VIDED. |
| 12/27/2021 | Motion for leave to file amici curiae brief filed by National Employment Lawyers Association and Jobs With Justice Educational Fund. VIDED. |
| 12/28/2021 | Motion for leave to file amicus curiae brief filed by Tore Says LLC. VIDED. |
| 12/28/2021 | Motion for leave to file amicus curiae brief filed by Liberty, Life and Law Foundation. VIDED. |
| 12/29/2021 | Motion for leave to file amicus curiae brief filed byDefending The Republic, Inc. VIDED. |
| 12/29/2021 | Motion for leave to file amicus curiae brief filed by Standard Process Inc. VIDED. |
| 12/30/2021 | Motion for divided argument filed by applicants GRANTED. VIDED. |
| 12/30/2021 | Motion for Leave to File and Brief of Amici Curiae of Members of Congress not accepted for filing. (January 03, 2022) |
| 12/30/2021 | Response to application from respondents Occupational Safety and Health Administration, et al. filed. VIDED. |
| 12/30/2021 | Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED. |
| 12/30/2021 | Motion for leave to file amici curiae brief filed by Local Unions 1249 and 97 of the International Brotherhood of Electrical Workers. VIDED. |
| 12/30/2021 | Response to application from respondents American Federation of Labor and Congress of Industrial Organizations filed. VIDED. |
| 12/30/2021 | Motion for leave to file amicus curiae brief filed by America's Frontline Doctors. VIDED. |
| 12/30/2021 | Motion for leave to file amicus curiae brief filed by We The Patriots USA, Inc. VIDED. |
| 12/30/2021 | Motion for leave to file amici curiae brief filed by American Medical Association, et al. VIDED. |
| 12/30/2021 | Motion for leave to file amici curiae brief filed by Center for Medical Freedom, et al. VIDED. |
| 12/30/2021 | Motion for leave to file amicus curiae brief filed by Advancing American Freedom. VIDED. |
| 12/30/2021 | Motion for leave to file amici curiae brief filed by National Disability Rights Network, et al. VIDED. |
| 12/30/2021 | Motion for leave to file amici curiae brief filed by Small Business Majority, et al. VIDED. |
| 12/30/2021 | Motion for leave to file amicus curiae brief filed by the IU Family for Choice, not Mandates, Inc. VIDED. |
| 01/03/2022 | Reply of applicant National Federation of Independent Business, et al. filed. |
| 01/03/2022 | Motion for leave to file amici curiae brief filed by Texas Values, et al. VIDED. |
| 01/03/2022 | Motion for leave to file amici curiae brief filed by Members of Congress. VIDED. |
| 01/03/2022 | Reply of applicant Ohio, et al. filed. |
| 01/05/2022 | Motion for leave to file amici curiae brief filed by Jason Feliciano and the International Conference of Evangelical Chaplain Endorsers. VIDED. |
| 01/05/2022 | Motion for leave to file amicus curiae brief filed by Foundation for Moral Law. VIDED. |
| 01/06/2022 | Motion 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) |
| 01/06/2022 | Motion for leave to file amicus curiae brief filed by American Commitment Foundation, Inc. |
| 01/06/2022 | Motion for leave to file amici brief filed by 400 Physicians, Surgeons, Nurses, and Medical Professionals. VIDED. |
| 01/06/2022 | Motion for leave to file amici curiae brief filed by Two Unnamed Workers. |
| 01/06/2022 | Motion for leave to file amicus curiae brief filed by Alsco, Inc. VIDED. |
| 01/07/2022 | Argued. 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. |
| 01/13/2022 | The 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. |