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Docket for 21A244
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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:

DateProceedings and Orders
Dec 17 2021Application (21A244) for a stay, submitted to Justice Kavanaugh.
Main DocumentLower Court Orders/OpinionsOtherProof of Service
Dec 20 2021Response to application (21A244) requested by Justice Kavanaugh, due by 4 p.m., Thursday, December 30, 2021.
Dec 20 2021Motion for leave to file amicus curiae brief filed by Washington Legal Foundation.
Main DocumentOtherProof of Service
Dec 22 2021Application (21A244) referred to the Court.
Dec 22 2021Consideration 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 2021Motion 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 2021Because 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 2021Motion for divided argument filed by applicants. VIDED.
Main DocumentProof of Service
Dec 23 2021Replies, if any, shall be filed by 10 a.m., Monday, January 3, 2022. VIDED.
Dec 23 2021Motion for leave to file amicus curiae brief filed by Constitutional Accountability Center. VIDED.
Main DocumentProof of ServiceOther
Dec 27 2021Motion 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 2021Motion for leave to file amicus curiae brief filed by Tore Says LLC. VIDED.
Main DocumentProof of ServiceOther
Dec 28 2021Motion for leave to file amicus curiae brief filed by Liberty, Life and Law Foundation. VIDED.
Main DocumentProof of ServiceOther
Dec 29 2021Motion for leave to file amicus curiae brief filed byDefending The Republic, Inc. VIDED.
Main DocumentOtherProof of Service
Dec 29 2021Motion for leave to file amicus curiae brief filed by Standard Process Inc. VIDED.
Main DocumentOtherProof of Service
Dec 30 2021Motion for divided argument filed by applicants GRANTED. VIDED.
Dec 30 2021Motion for Leave to File and Brief of Amici Curiae of Members of Congress not accepted for filing. (January 03, 2022)
Dec 30 2021Response to application from respondents Occupational Safety and Health Administration, et al. filed. VIDED.
Main DocumentProof of Service
Dec 30 2021Motion for leave to file amici curiae brief filed by American Public Health Association, et al. VIDED.
Main DocumentProof of ServiceOther
Dec 30 2021Motion 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 2021Response to application from respondents American Federation of Labor and Congress of Industrial Organizations filed. VIDED.
Main DocumentProof of Service
Dec 30 2021Motion for leave to file amicus curiae brief filed by America's Frontline Doctors. VIDED.
Main DocumentOtherProof of Service
Dec 30 2021Motion for leave to file amicus curiae brief filed by We The Patriots USA, Inc. VIDED.
Main DocumentOtherProof of Service
Dec 30 2021Motion for leave to file amici curiae brief filed by American Medical Association, et al. VIDED.
Main DocumentProof of ServiceOther
Dec 30 2021Motion for leave to file amici curiae brief filed by Center for Medical Freedom, et al. VIDED.
Main DocumentProof of ServiceOther
Dec 30 2021Motion for leave to file amicus curiae brief filed by Advancing American Freedom. VIDED.
Main DocumentOtherProof of Service
Dec 30 2021Motion for leave to file amici curiae brief filed by National Disability Rights Network, et al. VIDED.
Main DocumentOtherProof of Service
Dec 30 2021Motion for leave to file amici curiae brief filed by Small Business Majority, et al. VIDED.
Main DocumentOtherProof of Service
Dec 30 2021Motion for leave to file amicus curiae brief filed by the IU Family for Choice, not Mandates, Inc. VIDED.
Main DocumentOtherProof of Service
Jan 03 2022Reply of applicant National Federation of Independent Business, et al. filed.
Proof of ServiceReply
Jan 03 2022Motion for leave to file amici curiae brief filed by Texas Values, et al. VIDED.
Proof of ServiceOtherMain Document
Jan 03 2022Motion for leave to file amici curiae brief filed by Members of Congress. VIDED.
Main DocumentProof of ServiceOther
Jan 03 2022Reply of applicant Ohio, et al. filed.
ReplyProof of Service
Jan 05 2022Motion 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 06 2022Motion 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 2022Motion for leave to file amicus curiae brief filed by American Commitment Foundation, Inc.
Main Document
Jan 06 2022Motion for leave to file amici brief filed by 400 Physicians, Surgeons, Nurses, and Medical Professionals. VIDED.
Main DocumentProof of ServiceOther
Jan 06 2022Motion for leave to file amici curiae brief filed by Two Unnamed Workers.
Main DocumentProof of ServiceOther
Jan 06 2022Motion for leave to file amicus curiae brief filed by Alsco, Inc. VIDED.
Main DocumentOtherProof of Service
Jan 07 2022Argued. 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 2022The 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.
Jan 19 2022Motion to File and Amicus Brief of Foundation for Moral Law submitted.
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NAMEADDRESSPHONE
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
Solicitor General
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

 

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