| No. 21A247 | |
| Title: | Ohio, 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) |
| Date | Proceedings and Orders |
| Dec 18 2021 | Application (21A247) for a stay, submitted to Justice Kavanaugh. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Dec 20 2021 | Response to application (21A247) requested by Justice Kavanaugh, due by 4pm on 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 (21A247) 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 30 2021 | Motion 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 2021 | Response 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 2021 | Motion 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 2022 | Motion 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 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 | ||
| 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 | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States Department of Labor, 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 | ||
| 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. | ||
| 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. | ||
| 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. | ||
| 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 | ||