National Federation of Independent Business v. Occupational Safety & Health Administration

142 S. Ct. 661 (2022)

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National Federation of Independent Business v. Occupational Safety & Health Administration

United States Supreme Court
142 S. Ct. 661 (2022)

Facts

In late 2021, the Occupational Safety and Health Administration (OSHA) (defendant) adopted a rule that required all workers of employers with 100 or more employees to either be fully vaccinated against COVID-19 or provide a negative test result weekly. The rule, which had very few exceptions, would have effectively imposed mandatory vaccination on over 84 million American employees. Various states, businesses, nonprofit organizations, and trade organizations, including the National Federation of Independent Business (plaintiffs) filed petitions in courts of appeals across the nation, claiming that OSHA’s rule was invalid because it exceeded the agency’s statutory authority. As a preliminary matter, they sought a stay preventing the rule from taking effect while the litigation was pending. The multiple cases were consolidated and heard by the United States Court of Appeals for the Sixth Circuit, which held that a stay was inappropriate. Multiple parties sought emergency relief from the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Concurrence (Gorsuch, J.)

Dissent (Breyer, J.)

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