There has been much activity in relation to OSHA mandates over the past ten day. The Eighth Circuit refused to stop a court trial injunction blocking the mandate regarding Medicaid and Medicare. On December 15, the Fifth Circuit affirmed an injunction against Medicaid/Medicare mandate regarding fourteen Plaintiff states. A divided Sixth Circuit panel upheld OSHA’s mandate on December 17. In a bizarre timing twist, Bush and Judge Sutton’s disapprovals of denial of En banc were actually released. before (The panel decision.
These cases were almost immediately reopened by the Supreme Court. Circuit Justices Alito & Kavanaugh required responses within 30 days in all of the cases. By shadow docket standards, this pace was slow. However, the briefing plan was not real.
All of the above matters were placed on the Rocket Docket by the Court this evening. The Court set Friday’s oral argument for January 7th in two separate orders. The pace of this proceeding is incredible. The Sixth Circuit has received applications in just five days. Even worse, the justices will be hearing the cases less than a week after the briefing ends.
Although this case moves fast, it is not moving as fast as S.B. 8 cases. On October 18, the United States submitted its request. The United States filed its application on October 18. Oral arguments were also scheduled for November 1. The arguments and the application were received within 14 days. On December 10, a decision was made. December 10 was the date of the Court’s decision. However, the Court will need to make a decision sooner. The Court may still use the rocket docket to replace the shadow docket, but I believe otherwise. This was also the case with S.B.8. Ramirez v. Collier.
The million-dollar question is now. Which party gets to argue? One hour was allotted by the Court for arguments. NFIB and Department of Labor Ohio v. Department of Labor. In addition, the Court gave another hour for arguments. Biden v. MissouriAnd Becerera v. Louisiana.
There will be no argument. Steven Lehotsky is representing NFIB, and SG Ben Flowers represent Ohio. SG John Sauer represents Missouri, and SG Elizabeth Murrill represent Missouri. SG Prelogar is likely to have back-toback arguments. To hear both the private and state perspectives, the Court could grant divided argument. If the Court does not grant divided argument, an important coin toss may take place.
Many holiday vacations were destroyed by the Supreme Court. My post was title after the Sixth Circuit ruling. Christmas: The Stranch That Stole Christmas. This will be the Supreme Court’s fury.