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January 7: Showdown At Supreme Court Over Biden Vax Mandates

January 7: Showdown At Supreme Court Over Biden Vax Mandates

Oral argument scheduled in two sets of mandate cases, one involving the OSHA employer mandate and the second involving the CMS mandate.

On January 7, 2022, the Supreme Court will hear arguments in several cases involving Biden administraion Covid vaccine mandates. We covered some of those cases in Multiple Emergency Applications For Supreme Court To Stop Biden Employer Vaccine Mandate:

On Friday, December 17, 2021, the 6th Circuit Court of Appeals, designated to handle multi-district litigation over the OSHA vaccine and testing mandate on large employers, dissolved a previous 5th Circuit stay of the mandate.

OSHA has announced that starting January 10, it will start enforcement…

Earlier today, at least two Emergency Petitions were filed with the Supreme Court. There may be more, but these are two that I was able to find (if readers find more, please post in the comments).

A coalition of dozens of states, companies, unions, and individuals filed an Emergency Application for An Administrative Stay and Stay of Administrative Action.

Separately, BST Holdings and dozens of other entities have filed their own Emergency Application which also focused on a limited question:

Did the Occupational Safety and Health Administration (“OSHA”) exceed its lawful authority by issuing an Emergency Temporary Standard that mandates vaccination policy for all workplaces with at least 100 employees?

In both cases, the applicants want to focus on OSHA’s (lack of) authority to issue such an order.

There apparently were additional petitions filed, and the Court has decided to hear four cases. The opposition papers are due December 30.

In the first set of cases the Biden administration is seeking to overturn lower court rulings halting a vaccine mandate issued by the Centers for Medicare & Medicaid Services (CMS)

Order No. 1:


Consideration of the application (21A240) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. Consideration of the application (21A241) for stay presented to Justice Alito 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.

In a second set of cases, litigants are seeking to halt the OSHA mandates which have dominated the news:

Order No. 2


Consideration 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.

Since OSHA enforcement starts January 10, setting an argument date of January 7 indicates an intention to render a fast decision.

Here is the summary of the arguments:

Anti-Mandate: The mandates exceed the authority of the issuing agencies and do not have a sound scientific basis.


Conveniently, I did a radio interview this morning with Chicago’s Morning Call, and they started off asking my views on the cases (which had not yet been accepted or argument scheduled).


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The fact that they did not issue a stay on the 6th circuit decision likely means there are not 5 votes to overturn at this point which is truly scary. A decision upholding the mandate will further invite additional restrictions on what Americans can do. Imagine the FDA issuing a rule that Americans can only eat beef once a month to stop so called climate change. How about the federal highway administration issuing a rule that Americans can only drive a couple of times a week.

    Disagree. The hearing is about the stays not the full merits which have yet to be argued in the circuit courts.. Keep in mind there is already a stay in place for the medical one in half the states, and it’s status was not changed either. as this osha thing was expected to take effect on the tenth (in reality the real date is Feb 9), and is being heard on the 7th, there was no immediate need to change any existing statuses. I wouldn’t read anything into it, you’ll just drive yourself nuts with speculation.

      Agree to disagree. What the SC has done without issuing a stay on the 6th circuit is to tell all the businesses that represent some 80 million workers to keep proceeding in setting up your policies around testing and vaccinations as if the SC is going to rule against them. The petitioners had specifically asked for a stay which the SC denied. If there was 5 votes to overturn the 6th circuit, they would have issued the stay to give some relief to all the businesses while they wait for the case to be argued on Jan 7th.

      Ironclaw in reply to cktheman. | December 24, 2021 at 1:36 am

      The reality is, though, that once a person is coerced into taking the fake vaccine, that cannot be undone. That is an irreparable harm.

The court currently is comprised of only two constitutionalists (Thomas and Alito), one who is a constitutionalist 50% of the time (Gorsuch), with the balance of the court comprised of full-on left-wing fascists. To put your faith in this corrupt institution, to believe they will protect our freedoms, would be foolish at best.

It would be nice to have the court actually stop an Executive Branch agency from legislating through rule making.

Kavanaugh is a coward that ‘s already caved on multiple issues.

One of these mandates has a deadline of Jan 4th.

No injunction means they’ve already made the decision.

Fucking cowards.

    Most of us have lost face in just about every American institution. Given the military is being destroyed by the likes of idiots like Lloyd Austin and Mark Miley, no institution is left that is deserving of our trust. None.

    Given the fecklessness of Kavannagh and Barrett, the stupidty of Sotomayor, and the corruption of Roberts, the Supreme Court is just another swamp tool.

      TY Mr. Report. I tried to figure out how to say that, without just sounding like the whiny, mostly ignorant person that I am. I used the word bewildered…

Subotai Bahadur | December 22, 2021 at 10:45 pm

In the current version of the United States, what basis is there for the Courts or the Legislative branch to interfere with the unaccountable whims of the Executive bureaucracy? Look at the arc of the last couple of generations, and make a cogent argument that we are not in a tyranny.

Subotai Bahadur

Scheduled arrival of Pi/Rho variant January 2nd.

Why at this point do we even have a Congress? The Executive branch can do it all.

    Ben Kent in reply to maxmillion. | December 23, 2021 at 1:15 pm

    Why would we need a SCOTUS — If they rule that Exec Brach can just do what they want ? It will bring us one step closer to dictatorship.

At least 2 of Mitch’s bitches will join the tortured logic of Roberts. Can’t for Dannys

How can one Circuit Court dissolve any ruling by another? Are they not separate courts with no jurisdiction over others and isn’t a disagreement in ruling between two courts cause an immediate escalation to SCOTUS?

    JMark in reply to diver64. | December 23, 2021 at 8:32 am

    I don’t know, but I’m sure it makes as much sense as any court below the Supreme Court issuing a nationwide injunction.

    Milhouse in reply to diver64. | December 23, 2021 at 8:57 am

    Nobody dissolved any ruling. There has not yet been any ruling on this, by anybody. The 5th circuit issued a stay. Now that the case is in the 6th circuit, they lifted the stay. They will hear the case in due course and decide.

    Now the supreme court is going to have a hearing on whether to issue a stay pending that 6th circuit decision. It will not consider the merits of the case until the 6th has decided.

      TargaGTS in reply to Milhouse. | December 23, 2021 at 10:42 am

      Everyone understands that a hearing on the merits hasn’t happened yet. These conversations are happening in the context of the emergency stay.

Seems this court doesn’t do hard decisions so probably will punt it one way or another.
And IMO why they bother with arguments as it’s a political decision so could mail their ruling straight away.

Another excellent interview. Lots of excellent points. You got started on “where are the feminists on trans taking over women’s sports?” which Proft then expanded into “Where are the Catholics?” which I think speaks to a problem that has infected ALL of our institutions. As a Catholic (former?) myself, it has been a life of watching the Church authority collapse as one scandal after another has cascaded into complete surrender by the Vatican to it’s bitter rival communism. In fact, all of our cultural institutions have seemingly abandoned any pretense of being bulwarks in defense of our freedom.

It is noteworthy to point out that as diminished as the family institution has become over the last 60 years or so, it is THAT institution that suddenly stepped into the vacuum and thrown these Marxists into a panic. It is the parents at schools that have been leading the charge to confront this new global iron curtain that is rapidly falling not along national borders but along every single opportunity for interpersonal human contact. Family is the ONLY institution that is still hanging in there but…. It is the one institution that we can save for sure… if we fight. The hill to die on.

The only other point I would make is a general one and it is about why we continue to refer to the “vaccine” when even the CEO’s of Pfizer and Moderna have admitted that they are NOT vaccines. That was just before the CDC stepped in and changed the definitions of “vaccines” a few weeks ago to eliminate the standard of rendering immunity and replacing it with “offering protection”. That change was a major opportunity we missed. I strongly believe we should be fighting hammer and tong on this fundamental point since it leads us to ask “Why exactly are these non-vaccines so damn important? What exactly do they do that is so important? And important for whom?”

caseoftheblues | December 23, 2021 at 8:31 am

If years ago we had been required by government mandate to get 3 polio vaccines in 9 months while being told we probably still were going to get it…questions would actually have been asked…

    You might be familiar with the so-called ‘Cutter incident.’ The very first polio vaccines were botched/contaminated in some way which led to tens of thousands of children acquiring ‘abortive polio,’ with complications including death and paralysis in a not insignificant number (hundreds of dead or paralyzed kids).

    Had the government ordered ‘mandated’ vaccines in children in advance of the Cutter incident, it very likely would have soured so many people on vaccines generally, the course medicine over the next several decades likely would have been altered. Government was wise then to make these decisions ones that are considered between doctor/patient.

I don’t know what the Supreme Court will do. But they are very sensitive to the argument that they will be blamed if bad things happen as a result of their decisions – and the Biden Administration and the Media are clearly good at only one thing – blaming political opponents. Chief Justice Roberts clearly cares about his media coverage, and he isn’t the only one. Maybe they are waiting to do anything until early January because they want to see if the Omicron wave really is a dud…or not.

    CommoChief in reply to The_Mew_Cat. | December 23, 2021 at 10:54 am

    That’s a pretty good analysis of where the CT starts off in every issue. The specifics in the OSHA mandate case turn on the question of authority; did Congress grant the power that the Executive seeks to exercise? Clearly that answer is no. IMO the CT will not uphold the OSHA mandate.

    Parallel to the authority question is one of reasonableness that has three basic prongs;
    1. does an emergency exist 2 years in or it now endemic
    2. Is the policy of a vax mandate effective; the efficacy of the vax is questionable in preventing infection and transmission while the vax are now being hospitalized in higher numbers than previously
    3. Is the policy the least intrusive way to accomplish the policy objective of protecting public health, if the vax doesn’t prevent infection and transmission but instead lessens the severity of negative individual outcome that’s not a direct public benefit but an individual one

Put not your trust in princes.

On the other hand the constitution is supposed to be the rules for choosing rules that Americans have consented to.

The former may have forgotten the latter.

regardless what scotus decides isn’t the real issue whether the government(via executive fiat, or scotus decision, etc.)has the AUTHORITY to compel the ingestion into our bodies, and those of our children to whom we hold a primary responsibility, a substance that is NOT a vaccine, has known detrimental side-effects and could potentially shorten/impair our lives? and with no compelling/obvious medical need?

if scotus upholds the “mandate” then they will have rendered themselves irrelevant–they are no longer a “check/balance” on the executive branch and fjb and the cabal may do as they wish–the very definition of a dictatorship

Roberts dicey adoption of the girls has led to him being hamstrung as a jurist all these years. He is a disgrace.

    Milhouse in reply to WISteve. | December 23, 2021 at 2:47 pm

    Where do people get this garbage? Who started this stupid idea? What kind of mental defect does it take to pick up some completely random notion with no foundation whatsoever, and actually believe it?

So… in the past 23 months, everyone got over the the most contagious, dangerous, deadly Covid-Alpha-Beta-Gamma-Delta-Epsilon-Zeta-Eta-Theta-Iota-Kappa-Lambda-Mu-Virus.

And as of Nov. 24, 2021, the new newer Covid-Omicron-Virus has taken over to become the most contagious, dangerous, deadly virus ever sweeping the world.


    Pasadena Peabody in reply to Elder Son. | December 23, 2021 at 11:46 am

    “…the most contagious, dangerous, deadly Covid-Alpha-Beta-Gamma-Delta-Epsilon-Zeta-Eta-Theta-Iota-Kappa-Lambda-Mu-Virus.”

    There are some reports that Phi Beta Kappa virus is targeting high IQ students at prestigious campuses across the country. But so far no illnesses reported since most are unaffected due to affirmative action.

      Just wait until they announce the double secret version of the Delta Tau Chi.

        Ben Kent in reply to Olinser. | December 23, 2021 at 1:22 pm

        The Delta Nu Cho (DNC) virus* has already infected nearly half of all Americans. It appears to be incurable and it destroys the portion of the brain that related to reasoning and logic. Biden and Harris got it bad. Luckily, patriotic American have natural immunity.
        >> * Also known as the Jackass virus.

Expect SCOTUS to uphold 6th Circuit. The Cabal usurped SCOTUS ever since it assassinated Scalia and ensured the remaining Justices knew it was an assassination. Kooky theory? Even Alito caved on election fraud; a total blind-eye blockade of the discovery process. Regardless, all three of Trump’s appointments are yuge disappointments because Trump had crap advisors who all work for the Cabal. Or maybe Trump works for the Cabal (albeit probably unwittingly). The Cabal is going for the kill shot on America (pun intended). SCOTUS will jump the shark with this ruling; because Free States will NOT allow the OSHA Stab!

Interestingly, Biden admitted in a speech to governors that there was no “federal solution” to the COVID pandemic, which is suggestive that mandates are not appropriate. If there is no federal solution, then what is the point of a federal mandate?