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Docket for 21A244

	Search documents in this case:
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)
Decision Date:
Rehearing Denied:
Discretionary Court Decision Date:

Date	Proceedings and Orders
Dec 17 2021	Application (21A244) for a stay, submitted to Justice Kavanaugh.
	Main Document Lower Court Orders/Opinions Other Proof 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 Document Other Proof 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 Document Proof 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 Document Proof 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 Document Proof of Service Other
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 Document Proof of Service Other
Dec 28 2021	Motion for leave to file amicus curiae brief filed by Tore Says LLC. VIDED.
	Main Document Proof of Service Other
Dec 28 2021	Motion for leave to file amicus curiae brief filed by Liberty, Life and Law Foundation. VIDED.
	Main Document Proof of Service Other
Dec 29 2021	Motion for leave to file amicus curiae brief filed byDefending The Republic, Inc. VIDED.
	Main Document Other Proof of Service
Dec 29 2021	Motion for leave to file amicus curiae brief filed by Standard Process Inc. VIDED.
	Main Document Other Proof 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 Document Proof of Service
Dec 30 2021	Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED.
	Main Document Proof of Service Other
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 Document Other Proof of Service
Dec 30 2021	Response to application from respondents American Federation of Labor and Congress of Industrial Organizations filed. VIDED.
	Main Document Proof of Service
Dec 30 2021	Motion for leave to file amicus curiae brief filed by America's Frontline Doctors. VIDED.
	Main Document Other Proof of Service
Dec 30 2021	Motion for leave to file amicus curiae brief filed by We The Patriots USA, Inc. VIDED.
	Main Document Other Proof of Service
Dec 30 2021	Motion for leave to file amici curiae brief filed by American Medical Association, et al. VIDED.
	Main Document Proof of Service Other
Dec 30 2021	Motion for leave to file amici curiae brief filed by Center for Medical Freedom, et al. VIDED.
	Main Document Proof of Service Other
Dec 30 2021	Motion for leave to file amicus curiae brief filed by Advancing American Freedom. VIDED.
	Main Document Other Proof of Service
Dec 30 2021	Motion for leave to file amici curiae brief filed by National Disability Rights Network, et al. VIDED.
	Main Document Other Proof of Service
Dec 30 2021	Motion for leave to file amici curiae brief filed by Small Business Majority, et al. VIDED.
	Main Document Other Proof 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 Document Other Proof of Service
Jan 03 2022	Reply of applicant National Federation of Independent Business, et al. filed.
	Proof of Service Reply
Jan 03 2022	Motion for leave to file amici curiae brief filed by Texas Values, et al. VIDED.
	Proof of Service Other Main Document
Jan 03 2022	Motion for leave to file amici curiae brief filed by Members of Congress. VIDED.
	Main Document Proof of Service Other
Jan 03 2022	Reply of applicant Ohio, et al. filed.
	Reply Proof 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 Document Proof of Service Other
Jan 05 2022	Motion for leave to file amicus curiae brief filed by Foundation for Moral Law. VIDED.
	Main Document Proof of Service Other
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 Document Proof of Service Other
Jan 06 2022	Motion for leave to file amici curiae brief filed by Two Unnamed Workers.
	Main Document Proof of Service Other
Jan 06 2022	Motion for leave to file amicus curiae brief filed by Alsco, Inc. VIDED.
	Main Document Other Proof 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