This is the ruling in black and white for this who want to click past the headlines NFIB v. OSHA Supreme Court Ruling. Vote 6-3 to block the mandates.
Sotomayor – No stay (For Mandate)
Kagan – No stay
Breyer – No stay
Alito – Stay (Against Mandate/Stop Legal Action)
Gorsuch – Stay
Thomas – Stay
Roberts – Stay
Kavanaugh – Stay
Barrett – Stay
This is a good person to follow, she is involved in all the big cases and is on record days ago saying it looked like this would be a split decision.
This was a good write up framing the case well leading up to the decision.
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The case is still pending in the 6th circuit, so this could change. Although with 6 of the Justices agreeing that petitioners are likely to succeed on the merits, it is doubtful this rule will go into effect.
If the 6th circuit refuses to vacate the rule, the stay will still be in place as long as the states and private companies timely petition the Supreme Court for writs of certiorari. So this rule will not be going into effect unless the Supreme Court denies the petition for writs of certiorari or it is litigated in front of the Supreme Court and they deny vacatur.
Key Takeaway’s
The DOJ will have an uphill battle trying to argue within the legal framework set by the Supreme Court. To clarify, it is not officially dead but highly likely that it will be killed.
Today's decision is not just about this vaccination or test mandate, but it is a decision that strengthens the checks and balances of the federal government. They prevented the executive branch from succeeding in their power grab.
Many believe this ruling essentially neutered OSHA and all other Federal agencies when it comes to broad interpretation of delegating statues that give agencies power to issue regulations when those regulations have exceptional political and economic consequences. This is extremely significant because the Supreme Court just put the entire Executive Branch on notice. Today is a big win for separation of powers and checks and balances.
Biden’s Comments
Full statement 👉👉👉 🇨🇳
The Court has ruled that my administration cannot use the authority granted to it by Congress to require this measure, but that does not stop me from using my voice as President to advocate for employers to do the right thing to protect Americans’ health and economy.
I call on business leaders to immediately join those who have already stepped up – including one third of Fortune 100 companies – and institute vaccination requirements to protect their workers, customers, and communities