SCOTUS agrees to hear oral arguments Re OSHA ETS. Arguments set for Jan 7, 2022
When there are Circuit Splits -as is the case (pun not intended) with the 5thCCOAS, 8thCCOAS and the 6thCCOAS regarding the OSHA vaccine-or-test ETS
As previously mentioned (late last week) that the “joy” of the recent 6thCCOAs ruling which stayed the 5thCCoAs ruling —both concerning the November 2021 OSHA-ETS. So in case you missed it - you really should read this because it will help you understand the three circuit split and what is central to these cases…
SCOTUS agrees to hear oral arguments
On Wednesday, December 22, 2021 SCOTUS officially agreed to hear Oral Arguments. The Order reads in part:
…Consideration of the application (No. 21A241) for stay presented to Justice Alito and by him referred to the Court is deferred pending oral argument. Consideration of the application (21A240) 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.
The cases consolidated are styled as:
Xavier Becerra, Secretary of Health and Human Services, et al., Applicants v.
Louisiana, et al. SCOTUS Docket for Case No 21A241
Joseph R. Biden, Jr., President of the United States, et al., Applicants v. Missouri, et al.
SCOTUS Docket for Case No 21A240
December 16, 2021 Application (Case No: 21A241) for a stay, submitted to Justice Alito.
See 5thCCoAs ruling
See 8thCCOAs ruling
See 6thCCOAs ruling
December 21, 2021 - Motion for Leave to File and Brief of Amici Curiae of American Medical Association, et al.
December 22, 2021 Motion for Leave to File and Brief of Amici Curiae of Service Employees International Union; American Federation of Teachers; and American Federation of State, County, and Municipal Employees submitted.
The point has always been -when there are circuit splits —then that’s when the issue is ripe for SCOTUS to step in. The fact that SCOTUS issued an order -which scheduled oral arguments on January 7, 2022 is a pretty expedited as they come. So for now we have to wait until after Jan7th -it is important to remember that very recently SCOTUS declined to hear oral arguments in a closely related/watched case: “halt a COVID-19 vaccine requirement for health care workers in New York that does not offer an exemption for religious reasons…”…
Also here’s your obligatory salt water therapy…
From my family to your’s - wishing you the very best during this Holiday Season -stay safe and stay healthy…
Merry Christmas and Happy New Year! Thank you for all the information and interpretation as it relates. Let’s look forward next year with justice being served and motivated democracy lovers taking charge. Peace.
Spicy, have a wonderful time with the fam, and make sure to relax a bit! This is my 2nd Christmas in a row alone. I at least have my relative health at 66! It's been an "interesting" year, and I'm grateful to have you helping us all break it down<3