Missouri Edmo 4 21 Cv 01300 8Th 21 3725 Doc 034 Att 0

Summary

A notice of supplemental authority filed by the defendants on December 20, 2021 as Doc. #: 34 in State of Missouri, et al. v. Joseph R. Biden, et al., No. 4:21-cv-01300-DDN, in the United States District Court for the Eastern District of Missouri, Eastern Division. The notice advises the court of a decision of the United States Court of Appeals for the Sixth Circuit in In re: MCP No. 165, Occupational Safety and Health Administration, Interim Final Rule: COVID-19 Vaccination and Testing, No. 21-4027, 2021 WL 5989357 (6th Cir. Dec. 17, 2021). It states that the opinion dissolved the stay issued by the Fifth Circuit in BST Holdings, LLC v. Occupational Safety & Health Admin., No. 21-60845, 2021 WL 5166656 (5th Cir. Nov. 6, 2021). The one-page notice is signed by a trial attorney of the Department of Justice Civil Division, Federal Programs Branch, for the defendants.

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Case: 4:21-cv-01300-DDN Doc. #: 34 Filed: 12/20/21 Page: 1 of 1 PageID #: 1084




                       IN THE UNITED STATES DISTRICT COURT
                      FOR THE EASTERN DISTRICT OF MISSOURI
                                 EASTERN DIVISION

 STATE OF MISSOURI, et al.,
                      Plaintiffs,
               v.                                           No. 4:21-cv-01300-DDN
JOSEPH R. BIDEN, et al.
                      Defendants.

                       NOTICE OF SUPPLEMENTAL AUTHORITY

       Defendants hereby notify this Court of a decision issued by the United States Court of

Appeals for the Sixth Circuit in In re: MCP No. 165, Occupational Safety and Health Administra-

tion, Interim Final Rule: COVID-19 Vaccination and Testing, No. 21-4027, 2021 WL 5989357

(6th Cir. Dec. 17, 2021). That opinion dissolved the stay issued by the Fifth Circuit in BST Hold-

ings, LLC v. Occupational Safety & Health Admin., No. 21-60845, 2021 WL 5166656 (5th Cir.

Nov. 6, 2021). Id. at *19.

DATED: December 20, 2021                     Respectfully submitted,

                                             BRIAN M. BOYNTON
                                             Acting Assistant Attorney General

                                             BRAD P. ROSENBERG
                                             Assistant Director

                                             /s/ Zachary A. Avallone
                                             VINITA ANDRAPALLIYAL
                                             ZACHARY A. AVALLONE
                                             Trial Attorneys
                                             U.S. Department of Justice
                                             Civil Division, Federal Programs Branch
                                             1100 L Street NW
                                             Washington, D.C. 20005
                                             (202) 514-2705
                                             Zachary.a.avallone@usdoj.gov

                                             Counsel for Defendants


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