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Docket for 21A247
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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)
 
Proceedings and Orders
Dec 18 2021 Application (21A247) for a stay, submitted to Justice Kavanaugh.
Main Document Lower Court Orders/Opinions Proof 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 Document Other Proof 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 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 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.
Attorneys
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
Ph: 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
Ph: 202-514-2217
Party name: United States Department of Labor, Occupational Safety and Health Administration, et al.


Other Attorneys
John Mercer Masslon II
Counsel of Record
Washington Legal Foundation
2009 Massachusetts Ave. NW
Washington, DC 20036
jmasslon@wlf.org
Ph: (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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 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
Ph: 3342621245
Party name: Foundation for Moral Law

 

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