IMLA COVID-19 Working Group

AK
Amanda Karras
Sat, Dec 18, 2021 12:49 PM

Last night, in a 2-1 opinion, the Sixth Circuit dissolved the stay of the OSHA vaccine mandate that applies to private businesses of 100 or more employees and to local governments in states with state approved OSHA plans. The court explains that the plain language of the statute authorizes OSHA's authority.  The Sixth Circuit rejected the Fifth Circuit's reliance on the "major questions doctrine," explaining that "OSHA's issuance of the ETS is not an enormous expansion of its regulatory authority" because "OSHA has regulated workplace health and safety on a national scale since 1970, including controlling the spread of disease."  As a reminder, there were so many lawsuits filed challenging this mandate that they were consolidated in the Sixth Circuit as a part of multi-district litigation, which is why the Sixth Circuit is able to dissolve the injunction issued by the Fifth Circuit.  Here is a link to the decision: https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf

Like other decisions before this one, this will likely be a temporary one.  Within hours of the ruling, several petitions were filed with the Supreme Court, seeking an immediate block to the mandate.

Meanwhile, the Biden administration has asked the Supreme Court to issue a stay of the healthcare injunctions.  The Supreme Court has ordered challenging states to respond to the petition for the stay in this litigation by December 30th.

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.orghttp://www.imla.org/
Plan Ahead!
IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA's 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

Last night, in a 2-1 opinion, the Sixth Circuit dissolved the stay of the OSHA vaccine mandate that applies to private businesses of 100 or more employees and to local governments in states with state approved OSHA plans. The court explains that the plain language of the statute authorizes OSHA's authority. The Sixth Circuit rejected the Fifth Circuit's reliance on the "major questions doctrine," explaining that "OSHA's issuance of the ETS is not an enormous expansion of its regulatory authority" because "OSHA has regulated workplace health and safety on a national scale since 1970, including controlling the spread of disease." As a reminder, there were so many lawsuits filed challenging this mandate that they were consolidated in the Sixth Circuit as a part of multi-district litigation, which is why the Sixth Circuit is able to dissolve the injunction issued by the Fifth Circuit. Here is a link to the decision: https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf Like other decisions before this one, this will likely be a temporary one. Within hours of the ruling, several petitions were filed with the Supreme Court, seeking an immediate block to the mandate. Meanwhile, the Biden administration has asked the Supreme Court to issue a stay of the healthcare injunctions. The Supreme Court has ordered challenging states to respond to the petition for the stay in this litigation by December 30th. Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA's 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR!
HN
Hickson, Nina R.
Tue, Dec 21, 2021 7:02 PM

Any updates to this?

Nina R. Hickson, City Attorney
City of Atlanta Department of Law
55 Trinity Avenue,SW, Suite 5000, Atlanta, GA 30303
Office: 404-546-4084  Cell: 470-728-0407
Email: NinaRHickson@atlantaga.gov

On Dec 18, 2021, at 7:51 AM, Amanda Karras akarras@imla.org wrote:


Last night, in a 2-1 opinion, the Sixth Circuit dissolved the stay of the OSHA vaccine mandate that applies to private businesses of 100 or more employees and to local governments in states with state approved OSHA plans. The court explains that the plain language of the statute authorizes OSHA’s authority.  The Sixth Circuit rejected the Fifth Circuit’s reliance on the “major questions doctrine,” explaining that “OSHA’s issuance of the ETS is not an enormous expansion of its regulatory authority” because “OSHA has regulated workplace health and safety on a national scale since 1970, including controlling the spread of disease.”  As a reminder, there were so many lawsuits filed challenging this mandate that they were consolidated in the Sixth Circuit as a part of multi-district litigation, which is why the Sixth Circuit is able to dissolve the injunction issued by the Fifth Circuit.  Here is a link to the decision: https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdfhttps://urldefense.com/v3/__https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QzTVo6jk$

Like other decisions before this one, this will likely be a temporary one.  Within hours of the ruling, several petitions were filed with the Supreme Court, seeking an immediate block to the mandate.

Meanwhile, the Biden administration has asked the Supreme Court to issue a stay of the healthcare injunctions.  The Supreme Court has ordered challenging states to respond to the petition for the stay in this litigation by December 30th.

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://urldefense.com/v3/__https://www.facebook.com/InternationalMunicipalLawyersAssociation/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QM6temA8$[twitter icon]https://urldefense.com/v3/__https://twitter.com/imlalegal__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QmthnE_M$[linkedin icon]https://urldefense.com/v3/__https://www.linkedin.com/company/international-municipal-lawyers-association-inc./__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QQiZpVZQ$

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51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.orghttps://urldefense.com/v3/__http://www.imla.org/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QS9uNM0U$
Plan Ahead!
IMLA’s Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA’s 87th Annual Conferencehttps://urldefense.com/v3/__https://imla.org/annual-conference/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3Qmzk3SCY$, Oct. 19-23, 2022 in Portland, OR!


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Any updates to this? Nina R. Hickson, City Attorney City of Atlanta Department of Law 55 Trinity Avenue,SW, Suite 5000, Atlanta, GA 30303 Office: 404-546-4084 Cell: 470-728-0407 Email: NinaRHickson@atlantaga.gov On Dec 18, 2021, at 7:51 AM, Amanda Karras <akarras@imla.org> wrote:  Last night, in a 2-1 opinion, the Sixth Circuit dissolved the stay of the OSHA vaccine mandate that applies to private businesses of 100 or more employees and to local governments in states with state approved OSHA plans. The court explains that the plain language of the statute authorizes OSHA’s authority. The Sixth Circuit rejected the Fifth Circuit’s reliance on the “major questions doctrine,” explaining that “OSHA’s issuance of the ETS is not an enormous expansion of its regulatory authority” because “OSHA has regulated workplace health and safety on a national scale since 1970, including controlling the spread of disease.” As a reminder, there were so many lawsuits filed challenging this mandate that they were consolidated in the Sixth Circuit as a part of multi-district litigation, which is why the Sixth Circuit is able to dissolve the injunction issued by the Fifth Circuit. Here is a link to the decision: https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf<https://urldefense.com/v3/__https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QzTVo6jk$> Like other decisions before this one, this will likely be a temporary one. Within hours of the ruling, several petitions were filed with the Supreme Court, seeking an immediate block to the mandate. Meanwhile, the Biden administration has asked the Supreme Court to issue a stay of the healthcare injunctions. The Supreme Court has ordered challenging states to respond to the petition for the stay in this litigation by December 30th. Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://urldefense.com/v3/__https://www.facebook.com/InternationalMunicipalLawyersAssociation/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QM6temA8$>[twitter icon]<https://urldefense.com/v3/__https://twitter.com/imlalegal__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QmthnE_M$>[linkedin icon]<https://urldefense.com/v3/__https://www.linkedin.com/company/international-municipal-lawyers-association-inc./__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QQiZpVZQ$> [logo]<https://urldefense.com/v3/__https://imla.org/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3Q7FjF8aY$> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<https://urldefense.com/v3/__http://www.imla.org/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QS9uNM0U$> Plan Ahead! IMLA’s Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA’s 87th Annual Conference<https://urldefense.com/v3/__https://imla.org/annual-conference/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3Qmzk3SCY$>, Oct. 19-23, 2022 in Portland, OR! _______________________________________________ Disasterrelief mailing list -- disasterrelief@lists.imla.org To unsubscribe send an email to disasterrelief-leave@lists.imla.org
AK
Amanda Karras
Thu, Dec 23, 2021 8:43 PM

As you all likely saw, the Supreme Court will hear oral argument on two of the federal government’s vaccine mandates: The OSHA rule that applies to private employers and public employers in states with OSHA approved state plans and the healthcare mandate.  Oral argument will take place on January 7th.  It is impossible to say when we will get a decision (other than before the end of the term in June).  It is highly unusual for the Court to schedule oral argument on such an expedited basis, but it did so earlier this term with the challenge to SB8 (Texas’ law restricting abortions).  In that case, the Court heard oral argument on 11/1 and issued a decision on 12/10, so I would guess we should anticipate a similar time-frame, though hopefully it will be faster so everyone can have more certainty.  You can go to the Supreme Court’s website and listen in to oral arguments now and you can also pull audio recordings the same day if anyone is curious to listen in on 1/7.

Thanks,
Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.orghttp://www.imla.org/
Plan Ahead!
IMLA’s Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA’s 87th Annual Conferencehttps://imla.org/annual-conference/, Oct. 19-23, 2022 in Portland, OR!

From: Hickson, Nina R. NinaRHickson@AtlantaGa.Gov
Sent: Tuesday, December 21, 2021 2:03 PM
To: Amanda Karras akarras@imla.org
Cc: disasterrelief@lists.imla.org
Subject: Re: [EXTERNAL] [Disasterrelief] IMLA COVID-19 Working Group

Any updates to this?
Nina R. Hickson, City Attorney
City of Atlanta Department of Law
55 Trinity Avenue,SW, Suite 5000, Atlanta, GA 30303
Office: 404-546-4084  Cell: 470-728-0407
Email: NinaRHickson@atlantaga.gov

On Dec 18, 2021, at 7:51 AM, Amanda Karras akarras@imla.org wrote:

Last night, in a 2-1 opinion, the Sixth Circuit dissolved the stay of the OSHA vaccine mandate that applies to private businesses of 100 or more employees and to local governments in states with state approved OSHA plans. The court explains that the plain language of the statute authorizes OSHA’s authority.  The Sixth Circuit rejected the Fifth Circuit’s reliance on the “major questions doctrine,” explaining that “OSHA’s issuance of the ETS is not an enormous expansion of its regulatory authority” because “OSHA has regulated workplace health and safety on a national scale since 1970, including controlling the spread of disease.”  As a reminder, there were so many lawsuits filed challenging this mandate that they were consolidated in the Sixth Circuit as a part of multi-district litigation, which is why the Sixth Circuit is able to dissolve the injunction issued by the Fifth Circuit.  Here is a link to the decision: https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdfhttps://urldefense.com/v3/__https:/www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QzTVo6jk$

Like other decisions before this one, this will likely be a temporary one.  Within hours of the ruling, several petitions were filed with the Supreme Court, seeking an immediate block to the mandate.

Meanwhile, the Biden administration has asked the Supreme Court to issue a stay of the healthcare injunctions.  The Supreme Court has ordered challenging states to respond to the petition for the stay in this litigation by December 30th.

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
Email: akarras@imla.org
[facebook icon]https://urldefense.com/v3/__https:/www.facebook.com/InternationalMunicipalLawyersAssociation/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QM6temA8$[twitter icon]https://urldefense.com/v3/__https:/twitter.com/imlalegal__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QmthnE_M$[linkedin icon]https://urldefense.com/v3/__https:/www.linkedin.com/company/international-municipal-lawyers-association-inc./__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QQiZpVZQ$

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51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.orghttps://urldefense.com/v3/__http:/www.imla.org/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QS9uNM0U$
Plan Ahead!
IMLA’s Mid-Year Seminar, April 8-11, 2022 in Washington DC!
IMLA’s 87th Annual Conferencehttps://urldefense.com/v3/__https:/imla.org/annual-conference/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3Qmzk3SCY$, Oct. 19-23, 2022 in Portland, OR!


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As you all likely saw, the Supreme Court will hear oral argument on two of the federal government’s vaccine mandates: The OSHA rule that applies to private employers and public employers in states with OSHA approved state plans and the healthcare mandate. Oral argument will take place on January 7th. It is impossible to say when we will get a decision (other than before the end of the term in June). It is highly unusual for the Court to schedule oral argument on such an expedited basis, but it did so earlier this term with the challenge to SB8 (Texas’ law restricting abortions). In that case, the Court heard oral argument on 11/1 and issued a decision on 12/10, so I would guess we should anticipate a similar time-frame, though hopefully it will be faster so everyone can have more certainty. You can go to the Supreme Court’s website and listen in to oral arguments now and you can also pull audio recordings the same day if anyone is curious to listen in on 1/7. Thanks, Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA’s Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA’s 87th Annual Conference<https://imla.org/annual-conference/>, Oct. 19-23, 2022 in Portland, OR! From: Hickson, Nina R. <NinaRHickson@AtlantaGa.Gov> Sent: Tuesday, December 21, 2021 2:03 PM To: Amanda Karras <akarras@imla.org> Cc: disasterrelief@lists.imla.org Subject: Re: [EXTERNAL] [Disasterrelief] IMLA COVID-19 Working Group Any updates to this? Nina R. Hickson, City Attorney City of Atlanta Department of Law 55 Trinity Avenue,SW, Suite 5000, Atlanta, GA 30303 Office: 404-546-4084 Cell: 470-728-0407 Email: NinaRHickson@atlantaga.gov On Dec 18, 2021, at 7:51 AM, Amanda Karras <akarras@imla.org> wrote:  Last night, in a 2-1 opinion, the Sixth Circuit dissolved the stay of the OSHA vaccine mandate that applies to private businesses of 100 or more employees and to local governments in states with state approved OSHA plans. The court explains that the plain language of the statute authorizes OSHA’s authority. The Sixth Circuit rejected the Fifth Circuit’s reliance on the “major questions doctrine,” explaining that “OSHA’s issuance of the ETS is not an enormous expansion of its regulatory authority” because “OSHA has regulated workplace health and safety on a national scale since 1970, including controlling the spread of disease.” As a reminder, there were so many lawsuits filed challenging this mandate that they were consolidated in the Sixth Circuit as a part of multi-district litigation, which is why the Sixth Circuit is able to dissolve the injunction issued by the Fifth Circuit. Here is a link to the decision: https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf<https://urldefense.com/v3/__https:/www.opn.ca6.uscourts.gov/opinions.pdf/21a0287p-06.pdf__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QzTVo6jk$> Like other decisions before this one, this will likely be a temporary one. Within hours of the ruling, several petitions were filed with the Supreme Court, seeking an immediate block to the mandate. Meanwhile, the Biden administration has asked the Supreme Court to issue a stay of the healthcare injunctions. The Supreme Court has ordered challenging states to respond to the petition for the stay in this litigation by December 30th. Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 Email: akarras@imla.org [facebook icon]<https://urldefense.com/v3/__https:/www.facebook.com/InternationalMunicipalLawyersAssociation/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QM6temA8$>[twitter icon]<https://urldefense.com/v3/__https:/twitter.com/imlalegal__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QmthnE_M$>[linkedin icon]<https://urldefense.com/v3/__https:/www.linkedin.com/company/international-municipal-lawyers-association-inc./__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QQiZpVZQ$> [logo]<https://urldefense.com/v3/__https:/imla.org/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3Q7FjF8aY$> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<https://urldefense.com/v3/__http:/www.imla.org/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3QS9uNM0U$> Plan Ahead! IMLA’s Mid-Year Seminar, April 8-11, 2022 in Washington DC! IMLA’s 87th Annual Conference<https://urldefense.com/v3/__https:/imla.org/annual-conference/__;!!ENSHsYdSoey7eA!o_Vc-tHX8m8D0SdIb2bhxEK8il0S0rEfhwT56-Mj3kg11aqBS1XEm4hBe1vsJk3Qmzk3SCY$>, Oct. 19-23, 2022 in Portland, OR! _______________________________________________ Disasterrelief mailing list -- disasterrelief@lists.imla.org To unsubscribe send an email to disasterrelief-leave@lists.imla.org