Job Creators Network v. OSHA

Case summary

Job Creators Network, Independent Bakers Association, Lawrence Transportation Company, Guy Chemical Company LLC, The Rabine Group of Companies and Pan-O-Gold Baking Company petitioned for review of the Occupational Safety and Health Administration's COVID-19 vaccination and testing emergency temporary standard for companies with 100 or more employees and moved on November 4, 2021 for a stay, arguing that the standard violates the major-questions and nondelegation doctrines. On November 16, 2021 the Judicial Panel on Multidistrict Litigation randomly selected the Sixth Circuit to hear the consolidated petitions (MCP No. 165; Sixth Circuit No. 21-7000). On December 17, 2021 the Sixth Circuit, in an opinion by Judge Stranch joined by Judge Gibbons, who also concurred separately, with Judge Larsen dissenting, granted the government's motion and dissolved the stay the Fifth Circuit had entered; the same day the Job Creators Network petitioners (No. 21-4093) filed an emergency application in the Supreme Court for a stay of the standard and told the Sixth Circuit so by letter. The five documents on the page run from November 4 to December 17, 2021; the December 17, 2021 letter and application are the latest filings.