Vaccine Cases Step Out of the Shadows at High Court
An important development occurred yesterday evening in both the OSHA and CMS vaccine mandate cases pending before the Supreme Court. The Court took the very rare step of scheduling a special hearing...
View ArticleThe OSHA Mandate — Supreme Court Oral Argument Preview
Tomorrow morning (Friday, January 7), the Supreme Court hears oral argument in the OSHA (10 a.m. EST) and CMS (11 a.m. EST) mandate cases. (You can listen to the arguments live here.) For the OSHA...
View ArticleAnalysis Of The Supreme Court’s Oral Argument Yesterday
After listening to the oral arguments at the Supreme Court, we think the Court will likely issue an administrative stay to delay implementation of the first ETS deadline by Monday, January 10. U.S....
View ArticleThe High Court stays the OSHA mandate but upholds the CMS mandate
The decision we’ve all been waiting for finally arrived today. In two separate opinions, the Supreme Court, as appeared likely from oral argument, stayed the OSHA mandate but declined to stay the CMS...
View ArticleThe OSHA Mandate Decision and the Sixth Circuit
The Supreme Court’s recent per curiam opinion on OSHA’s vaccine-or-test mandate for businesses takes a practical approach to agency power, though the dissent would rather the Court have taken a more...
View ArticleA Closer Look at the Sixth Circuit’s Decision on the Contractor Mandate
With OSHA’s decision to withdraw its ETS in the face of a hostile Supreme Court, and the Court’s 5-4 decision to uphold the CMS mandate, it’s worth taking a closer look at the Sixth Circuit’s decision...
View ArticleSupreme Court Lets Kentucky AG Intervene in Cameron v. EMW. Now What?
Nearly two years ago, a panel of the Sixth Circuit declined to let the Kentucky Attorney General intervene in a Sixth Circuit case to defend a Kentucky law. About a week ago, the Supreme Court...
View ArticleSixth Circuit Opinion Reversed in Marietta Memorial Hospital Employee Health...
The Supreme Court on Tuesday issued an opinion in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., which reversed the Sixth Circuit’s October 2020 decision finding that DaVita...
View ArticleAcademic focus on a pending Sixth Circuit appeal
The Sixth Circuit recently heard argument in L.W. v. Skrmetti, involving Tennessee’s law prohibiting healthcare providers from performing gender-affirming surgeries and administering hormones or...
View ArticleJustice Sotomayor References Rarely Used Procedure: Circuit Certification to...
Four years ago, the Supreme Court declined a federal habeas petitioner’s request to review the Sixth Circuit’s decision in Avery v. United States, 770 F. App’x 741. Justice Kavanaugh, the Sixth...
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