| No. 21A244 | |
| Title: | National Federation of Independent Business, et al., Applicants v. Department of Labor, Occupational Safety and Health Administration, et al. |
| Docketed: | December 20, 2021 |
| Lower Ct: | United States Court of Appeals for the Sixth Circuit |
| Case Numbers: | (21-7000, 21-4080, 21-4117) |
| Date | Proceedings and Orders |
| Dec 17 2021 | Application (21A244) for a stay, submitted to Justice Kavanaugh. |
| Main DocumentLower Court Orders/OpinionsOtherProof of Service | |
| Dec 20 2021 | Response to application (21A244) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021. |
| Dec 20 2021 | Motion for leave to file amicus curiae brief filed by Washington Legal Foundation. |
| Main DocumentOtherProof of Service | |
| Dec 22 2021 | Application (21A244) referred to the Court. |
| Dec 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. |
| Dec 22 2021 | Motion for leave to file amici curiae brief filed by Former OSHA Administrators Charles Jeffress, David Michaels, and Gerard Scannell. VIDED. |
| Main DocumentProof of Service | |
| Dec 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.” |
| Dec 23 2021 | Motion for divided argument filed by applicants. VIDED. |
| Main DocumentProof of Service | |
| Dec 23 2021 | Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED. |
| Dec 23 2021 | Motion for leave to file amicus curiae brief filed by Constitutional Accountability Center. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 27 2021 | Motion for leave to file amici curiae brief filed by National Employment Lawyers Association and Jobs With Justice Educational Fund. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 28 2021 | Motion for leave to file amicus curiae brief filed by Tore Says LLC. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 28 2021 | Motion for leave to file amicus curiae brief filed by Liberty, Life and Law Foundation. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 29 2021 | Motion for leave to file amicus curiae brief filed byDefending The Republic, Inc. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 29 2021 | Motion for leave to file amicus curiae brief filed by Standard Process Inc. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 30 2021 | Motion for divided argument filed by applicants GRANTED. VIDED. |
| Dec 30 2021 | Motion for Leave to File and Brief of Amici Curiae of Members of Congress not accepted for filing. (January 03, 2022) |
| Dec 30 2021 | Response to application from respondents Occupational Safety and Health Administration, et al. filed. VIDED. |
| Main DocumentProof of Service | |
| Dec 30 2021 | Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 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. |
| Main DocumentOtherProof of Service | |
| Dec 30 2021 | Response to application from respondents American Federation of Labor and Congress of Industrial Organizations filed. VIDED. |
| Main DocumentProof of Service | |
| Dec 30 2021 | Motion for leave to file amicus curiae brief filed by America's Frontline Doctors. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 30 2021 | Motion for leave to file amicus curiae brief filed by We The Patriots USA, Inc. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 30 2021 | Motion for leave to file amici curiae brief filed by American Medical Association, et al. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 30 2021 | Motion for leave to file amici curiae brief filed by Center for Medical Freedom, et al. VIDED. |
| Main DocumentProof of ServiceOther | |
| Dec 30 2021 | Motion for leave to file amicus curiae brief filed by Advancing American Freedom. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 30 2021 | Motion for leave to file amici curiae brief filed by National Disability Rights Network, et al. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 30 2021 | Motion for leave to file amici curiae brief filed by Small Business Majority, et al. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 30 2021 | Motion for leave to file amicus curiae brief filed by the IU Family for Choice, not Mandates, Inc. VIDED. |
| Main DocumentOtherProof of Service | |
| Jan 03 2022 | Reply of applicant National Federation of Independent Business, et al. filed. |
| Proof of ServiceReply | |
| Jan 03 2022 | Motion for leave to file amici curiae brief filed by Texas Values, et al. VIDED. |
| Proof of ServiceOtherMain Document | |
| Jan 03 2022 | Motion for leave to file amici curiae brief filed by Members of Congress. VIDED. |
| Main DocumentProof of ServiceOther | |
| Jan 03 2022 | Reply of applicant Ohio, et al. filed. |
| ReplyProof of Service | |
| Jan 05 2022 | Motion for leave to file amici curiae brief filed by Jason Feliciano and the International Conference of Evangelical Chaplain Endorsers. VIDED. |
| Main DocumentProof of ServiceOther | |
| Jan 05 2022 | Motion for leave to file amicus curiae brief filed by Foundation for Moral Law. VIDED. |
| Main DocumentProof of ServiceOther | |
| Jan 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) |
| Jan 06 2022 | Motion for leave to file amicus curiae brief filed by American Commitment Foundation, Inc. |
| Main Document | |
| Jan 06 2022 | Motion for leave to file amici brief filed by 400 Physicians, Surgeons, Nurses, and Medical Professionals. VIDED. |
| Main DocumentProof of ServiceOther | |
| Jan 06 2022 | Motion for leave to file amici curiae brief filed by Two Unnamed Workers. |
| Main DocumentProof of ServiceOther | |
| Jan 06 2022 | Motion for leave to file amicus curiae brief filed by Alsco, Inc. VIDED. |
| Main DocumentOtherProof of Service | |
| Jan 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. |
| Jan 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Steven Paul Lehotsky Counsel of Record | Lehotsky Keller LLP 200 Massachusetts Avenue NW Washington, DC 20001 steve@lehotskykeller.com | 2023652509 |
| Party name: National Federation of Independent Business, et al. | ||
| Benjamin Michael Flowers Counsel of Record | Ohio Attorney General Dave Yost 30 E. Broad St. Columbus, OH 43215 benjamin.flowers@ohioattorneygeneral.gov | 6144668980 |
| Party name: Ohio, et al. | ||
| Attorneys for Respondents | ||
| Randy S. Rabinowitz Counsel of Record | OSH Law Project, LLC P.O. Box 3769 Washington, DC 20027 randy@oshlaw.org | 2022564080 |
| Party name: American Federation of Labor and Congress of Industrial Organizations | ||
| Elizabeth B. Prelogar Counsel of Record | United States Department of Justice
950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: Occupational Safety and Health Administration, et al. | ||
| Other | ||
| John Mercer Masslon II Counsel of Record | Washington Legal Foundation 2009 Massachusetts Ave. NW Washington, DC 20036 jmasslon@wlf.org | (202) 588-0302 |
| Party name: Washington Legal Foundation | ||
| Allison M. Zieve Counsel of Record | Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 azieve@citizen.org | 202-588-1000 |
| Party name: Former Osha Administrators Charles Jeffress, David Michaels, and Gerard Scannell | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Constitutional Accountability Center | ||
| Grant Joseph Guillot Counsel of Record | Grant Guillot, LLC 5028 River Meadow Drive Baton Rouge, LA 70820 grant@grantguillot.com | 2256147838 |
| Party name: Tore Says LLC | ||
| Michael Timothy Anderson Counsel of Record | Murphy Anderson PLLC 1401 K Street NW Suite 300 Washington, DC 20005 manderson@murphypllc.com | 6172275720 |
| Party name: National Employment Lawyers Assn and Jobs With Justice Educational Fund | ||
| Deborah Dewart Counsel of Record | Attorney at Law 111 Magnolia Lane Hubert, NC 28539 lawyerdeborah@outlook.com | (910) 326-4554 |
| Party name: Liberty, Life and Law Foundation | ||
| Joseph S. Diedrich Counsel of Record | Husch Blackwell LLP 33 E. Main Street, Suite 300 Madison, WI 53703 joseph.diedrich@huschblackwell.com | 608-258-7380 |
| Party name: Standard Process Inc. | ||
| Howard Kleinhendler Counsel of Record | Howard Kleinhendler Esquire 369 Lexington Avenue 12th Floor New York, NY 10017 howard@kleinhendler.com | 9177931188 |
| Party name: Defending The Republic, Inc. | ||
| Norman A. Pattis Counsel of Record | Pattis & Smith, LLC 383 Orange St 1st Floor New Haven, CT 06511 npattis@pattisandsmith.com | 203-393-3017 |
| Party name: We The Patriots USA, Inc. | ||
| Matthew Jared Sheehan Counsel of Record | Advancing American Freedom, Inc. 801 Pennsylvania Avenue, N.W. Washington, DC 20004 matt@advancingamericanfreedom.com | (202) 780-4848 |
| Party name: Advancing American Freedom | ||
| Agatha Marie Cole Counsel of Record | Pollock Cohen LLP 60 Broad Street 24th Floor New York, NY 10004 agatha@pollockcohen.com | 8287732628 |
| Party name: National Disability Rights Network and Bazelon Center for Mental Health Law | ||
| James Bopp Jr. Counsel of Record | The Bopp Law Firm, PC The National Building 1 South Sixth Street Terre Haute, IN 47807 jboppjr@aol.com | 8122322434 |
| Party name: The IU Family for Choice, not .Mandates, Inc. | ||
| Deepak Gupta Counsel of Record | Gupta Wessler PLLC 2001 K Street NW Suite 850 North Washington, DC 20006 deepak@guptawessler.com | (202) 888-1741 |
| Party name: American Public Health Association, Association of Schools and Programs Of Public Health, 12 Leading Public Health and Health Care Organizations, 30 Deans of Leading Academic Programs, and 109 Leading Public Health And Health Policy Scholars | ||
| Brian Joseph LaClair Counsel of Record | Blitman and King LLP 443 N. Franklin Street Suite 300 Syracuse, NY 13204 bjlaclair@bklawyers.com | 315-422-7111 |
| Party name: Local Unions 1249 and 97 of the International Brotherhood of Electrical Workers | ||
| Rachel Lauren Fried Counsel of Record | Democracy Forward Foundation P.O. Box 34553 Washington, DC 20043 rfried@democracyforward.org | 3054843634 |
| Party name: American Medical Association, et al. | ||
| William Jeffrey Olson Counsel of Record | William J. Olson, P.C. 370 Maple Ave. W., Suite 4 Vienna, VA 22180 wjo@mindspring.com | 7033565070 |
| Party name: Center for Medical Freedom, America’s Future, California Constitutional Rights Foundation, U.S. Constitutional Rights Legal Defense Fund, Eagle Forum, Eagle Forum Foundation, Downsize DC Foundation, DownsizeDC.org, Virginia Freedom Keepers, Leadership Institute, Intercessors for America, Restoring Liberty Action Committee, and Virginia Delegate David LaRock | ||
| Richard Adam Koffman Counsel of Record | Cohen Milstein Sellers & Toll PLLC 1100 New York Ave NW Fifth Floor Washington, DC, DC 20005 rkoffman@cohenmilstein.com | 2024084674 |
| Party name: Small Business Majority, et al. | ||
| Gregory James Glaser Counsel of Record | Greg Glaser, Attorney at Law 4399 Buckboard Drive #423 Copperopolis, CA 95228 greg@gregglaser.com | 9256426651 |
| Party name: America's Frontline Doctors | ||
| John Clay Sullivan Counsel of Record | S|L Law PLLC 610 Uptown Blvd. Suite 2000 Cedar Hill, TX 75104 johnclaysullivan@gmail.com | 3253745770 |
| Party name: Members of Congress | ||
| Christopher Ernest Mills Counsel of Record | Spero Law LLC 557 East Bay Street #22251 Charleston, SC 29413 cmills@spero.law | 8436060640 |
| Party name: Texas Values and 30 Additional Family Policy Organizations | ||
| Arthur A. Schulcz Sr. Counsel of Record | Chaplains' Counsel, PLLC, 21043 Honeycreeper Pl. Leesburg, VA 20175 art@chaplainscounsel.com | 703-645-4010 |
| Party name: Jason Feliciano and the International Conference of Evangelical Chaplain Endorsers | ||
| David Peter Billings Counsel of Record | Fabian VanCott 215 South State Street, Suite 1200 Salt Lake City, UT 84111 dbillings@fabianvancott.com | 801.323.2205 |
| Party name: Alsco, Inc. | ||
| Leonard E. Ireland Jr. Counsel of Record | Clayton, Johnston, et al. 18 NW 33rd Court Gainesville, FL 32607 LIreland@Clayton-Johnston.com | 352-376-4694 |
| Party name: American Commitment Foundation, Inc. | ||
| William Wagner Counsel of Record | Great Lakes Justice Center 5600 W. Mount Hope Hwy Lansing, MI 48917 Prof.WWJD@gmail.com | (517) 322-3207 |
| Party name: 400 Physicians, Surgeons, Nurses, and Medical Professionals Opposing OSHA’s Unconstitutional Overreach | ||
| Dennis Grossman Counsel of Record | 6701 Sunset Drive (Suite 104) Miami, FL 33143 dagrossmanlaw@aol.com | (516) 466-6690 |
| Party name: Two Unnamed Workers | ||
| Mary Holland Counsel of Record | Children's Health Defense 1227 N. Peachtree Parkway Suite 202 Peachtree City, GA 30269 mary.holland@childrenshealthdefense.org | 2028541310 |
| Party name: Nobel Laureate Dr. Luc Montagnier | ||
| John Allen Eidsmoe Counsel of Record | Foundation for Moral Law One Dexter Avenue Montgomery, AL 36064 eidsmoeja@juno.com | 3342621245 |
| Party name: Foundation for Moral Law | ||