Court filing
Brief - Scotus
Full text
Nos. 21A244, 21A247
In the Supreme Court of the United States
__________________
NATIONAL FEDERATION OF INDEPENDENT BUSINESS, ET AL., Applicants,
v.
DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, ET AL.,
Respondents.
__________________
OHIO, ET AL., Applicants,
v.
DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, ET AL.,
Respondents.
__________________
ON APPLICATION FOR STAY OF ADMINISTRATIVE ACTION AND
PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE SIXTH CIRCUIT
__________________
MOTION FOR LEAVE TO FILE; AND AMICI BRIEF OF TWO UNNAMED
WORKERS IN SUPPORT OF APPLICATION FOR STAY, GRANT OF
CERTIORARI, AND REVERSAL
__________________
DENNIS GROSSMAN
Counsel of Record
6701 Sunset Drive (Suite 104)
Miami, Florida 33143
(516) 466-6690
dagrossmanlaw@aol.com
Counsel for Amici Curiae
MOTION TO FILE BRIEF AMICI CURIAE
Amici are two unnamed American workers who are unvaccinated for health
reasons including their strong natural immunity to COVID from prior exposure.
Amici are seeking employment with companies affected by OSHA’s vaccine mandate
and now move on an emergency basis for leave to file their attached Amicus Brief in
support of Petitioners’ emergency motion for a stay and certiorari and for reversal of
the judgment of the Sixth Circuit.
Because of the urgent nature of Petitioners’ pending applications, Amici have
not had an opportunity to seek the parties’ consent to the filing of the attached
Amicus Brief. Nor was it practical to do so. The potential parties in these and
pending related cases are numerous, and the time is not sufficient on this
emergency application.
The attached Amicus Brief is short, focuses on a single issue, will not
prejudice any party, will assist this Court, and will give expression to the interests
of Amici and millions of similarly situated job-seeking Americans nation-wide.
This Court should grant this emergency motion, permit the filing of the
attached emergency Amicus Brief, grant a stay and certiorari, and reverse the
judgment of the Sixth Circuit.
Respectfully submitted,
Dennis Grossman
Counsel of Record
6701 Sunset Drive (Suite 104)
Miami, Florida 33143
(516) 466-6690
dagrossmanlaw@aol.com
Counsel for Amici Curiae
i
TABLE OF CONTENTS
TABLE OF AUTHORITIES ......................................................................................... iii
INTEREST OF AMICI .................................................................................................. 1
SUMMARY OF ARGUMENT ....................................................................................... 1
ARGUMENT .................................................................................................................. 2
CONCLUSION............................................................................................................... 6
ii
TABLE OF AUTHORITIES
Cases
Alabama Association of Realtors v. Dept. of Health and Human Services,
141 S.Ct. 2485 (2021) ......................................................................................... 2, 3, 4
FDA v. Brown & Williamson Tobacco Corp.,
529 U.S. 120 (2000) ................................................................................................ 3, 6
Other Authorities
American Thinker, Dec. 9, 2021, VAERS Data Indicates the Covid Vaccines Have
Killed at Least 140,000 People [disputing government figure 21,000+]
https://www.americanthinker.com/articles/2021/12/vaers_data_indicates_
the_covid_vaccines_have_killed_at_least_140000_americans.html......................... 4
https://citizenfreepress.com/column-3/vermont-76-of-september-covid-deaths-
were-fully-vaccinated/ ................................................................................................ 6
https://contraelencierro.blogspot.com/2021/07/dr-hoffe-en-el-62-de-los-vacunados-
hay.html ...................................................................................................................... 4
https://humansarefree.com/2021/06/latest-uk-data-vaccinated-people-3-times-
more-likely-to-die-from-delta-variant_than_unvaccinated.html ............................. 6
https://www.medalerts.org/vaersdb/findfield.php?TABLE=ON&GROUP1=AG
E&EVENTS=ON&VAX=COVID19&DIED=Yes ....................................................... 4
https://newsrescue.com/australia-israel-report-95-99-hospitalized-fully-
vaccinated/ .................................................................................................................. 6
https://www.realclearpolitics.com/video/2021/08/06/cdc_director_
vaccines_no_longer_prevent_you_from_spreading_covid.html#! ............................. 5
Israel National News, Aug. 29, 2021, Israeli Study: Natural Immunity Gives
Better Protection Than COVID Shot,
https://www.israelnationalnews.com/news/312637................................................... 5
iii
Lifestyle, Sept. 13, 2021, Idaho Doctor Reports a “20 Times Increase” of Cancer
Among Vaccinated Patients, https://www.lifesitenews.com/news/idaho-doctor-
reports-a-20-times-increase-of-cancer-in-vaccinated-patients/ ................................ 5
Nature, Sept. 14, 2021, The Tangled History of mRNA Vaccines,
https://www.nature.com/articles/d41586-021-02483-w ............................................. 4
Statement from CDC Director Rochelle P. Walensky, MD, MPH, on Today’s
MMWR, July 30, 2021, https://www.cdc.gov/media/releases/2021/s0730-
mmwr-covid-19.html .................................................................................................. 5
World Tribune, Dec. 24,, 2021, California Nurses Report “Overwhelming”
Number of Heart Attacks, Clotting in Vaccinated Patients, https://www.
worldtribune.com/california-nurses-report-overwhelming-number-of-heart-
attacks-clotting-in-vaccinated-patients/?utm_source=wnd&utm_medium=
wnd&utm_campaign=syndicated .............................................................................. 5
WSAU-TV, Dec. 16, 2021, COVID Shot Irreversible and Potentially Permanently
Damaging to Children, https://wsau.com/2021/12/16/leading-researcherinventor-
of-the-mrna-vaccine-dont-vaccinate-your-children/ .................................................. 5
iv
INTEREST OF AMICI
As mentioned in the motion, Amici are two unnamed American workers who
are unvaccinated for health reasons including their strong natural immunity to
COVID from prior exposure. Amici are seeking employment with companies which
are affected by OSHA’s vaccine mandate and thus are prejudiced and limited in
their job searches by the ruling of the Sixth Circuit upholding the vaccine
requirement. Millions of job-seeking Americans nation-wide are in situations
similar to those of Amici. Amici cannot reasonably disclose their identities because
of the extreme political volatility surrounding the vaccine issue and the likely
repercussions Amici will suffer in their present and future employment if their
identities are disclosed, especially in the cancel culture which pervades
contemporary American life. 1
SUMMARY OF ARGUMENT
OSHA’s vaccine mandate exceeds the scope of its Congressionally delegated
authority because the mandate lies beyond the scope of OSHA’s typical
administrative regulations which Congress entrusted to it – much like the CDC’s
recent rent and mortgage moratorium which was held to have exceeded the CDC’s
authority for the same reason. The administrative excess in both cases is the same.
1
No counsel or other representative or agent of any party in these cases authored
any part of this Amicus Brief or exercised any form of control or approval over this
Amicus Brief or any portion of it. No person or entity, aside from Amici or their
counsel, made a monetary contribution to the preparation or submission of this
Amicus Brief.
1
In addition, the draconian and frequent adverse health effects caused by the
COVID vaccine, including the unusually high number of deaths it causes, place it
beyond the scope of typical Congressional delegation and require that Congress
itself address this critical issue. For this reason also, OSHA’s vaccine mandate is
beyond its administrative authority.
ARGUMENT
There are two reasons for reversing OSHA’s vaccine mandate and holding, at
least at the federal level, that the vaccine mandate must come from Congress, not
from an administrative agency. It is beyond OSHA’s power.
First, OSHA’s vaccine mandate exceeds the scope of OSHA’s usual workplace
authority. The mandated vaccine does not guard against any danger unique to the
workplace. Nor do its effects stop when the worker goes home. The worker who is
vaccinated is stuck with its effects forever – long after the work day is over and
literally for the rest of his/her life – unlike the typical OSHA mandate which ceases
to affect the worker when s/he exits the factory door.
The excess in OSHA’s vaccine mandate, beyond the scope of its typical
workplace authority, mirrors the CDC’s recent excess in dealing with the same
COVID pandemic. The CDC had imposed an eviction moratorium benefiting rent-
paying tenants during the pandemic which this Court struck down as beyond the
scope of the CDC’s usual health mandates and thus beyond the authority Congress
entrusted to it. Alabama Association of Realtors v. Dept. of Health and Human
Services, 141 S.Ct. 2485, 2488 (2021) (“This downstream connection between
2
eviction and the interstate spread of disease [in the CDC regulation] is markedly
different from the direct targeting of disease that characterizes the measures
identified in the statute [for CDC to regulate]”).
Alabama Realtors controls here. Just as the CDC-imposed eviction
moratorium exceeded the scope of the typical CDC health mandate and thus
exceeded the CDC’s authority delegated to it by Congress, id., so too the OSHA-
imposed vaccine mandate exceeds the scope of OSHA’s typical workplace authority
and thus exceeds the authority it enjoys by virtue of Congressional delegation. The
two situations are mirror images – exceeding the scope of administrative authority
granted by Congress as defined by the usual scope of administrative regulation and
therefore beyond the authority that Congress intended to delegate. Alabama
Realtors, supra.
This Court’s invalidation of the CDC’s eviction moratorium in Alabama
Realtors provides a model for the same regulatory invalidation here.
Second, the draconian health risks posed by the COVID vaccine itself
underscore the extreme and unusual nature of the COVID vaccine mandate which
reserve the authority for its enactment to Congress alone absent an express
Congressional delegation which is lacking here. FDA v. Brown & Williamson
Tobacco Corp., 529 U.S. 120, 159 (2000) (“extraordinary” and “major” situations are
reserved for Congress); Alabama Realtors, 141 S.Ct. at 2489 (“We expect Congress
to speak clearly when authorizing an agency to exercise powers of vast economic
3
and political significance”). The health risks of the COVID vaccine, including the
large numbers of deaths it causes, are draconian and “extraordinary”:
• Government Report: COVID Vaccines Caused Thousands of Deaths:
The government’s own VAERS (Vaccine Adverse Event Reporting System)
report indicates over 21,000 deaths caused by the COVID vaccine,
https://www.medalerts.org/vaersdb/findfield.php?TABLE=ON&GROUP1=AG
E&EVENTS=ON&VAX=COVID19&DIED=Yes 2
• Government Report: COVID Vaccine Deaths Exceed Combined Total
Deaths for All Other Vaccines: The number of COVID-vaccine deaths in
one year – conservatively using the government’s figure (21,000+ supra) –
exceeds the 30-year combined total of all vaccine deaths from all vaccines for
all other diseases since 1990; see VAERS graphs in American Thinker, Dec.
9, 2021, VAERS Data Indicates the Covid Vaccines Have Killed at Least
140,000 People [disputing government figure 21,000+]
https://www.americanthinker.com/articles/ 2021/12/vaers_data_indicates_
the_covid_vaccines_have_killed_at_least_140000_americans.html
• Unknwn Territory: COVID Vaccines Unlike Other Anti-Viral
Vaccines: COVID vaccines are unique (and unpredictable in long-term
effects) among anti-viral vaccines in that they consist of genetic mRNA
molecules never before tested long-term on humans, rather than the
traditional anti-viral vaccines which consist of attenuated virus molecules
that trigger an immune response specific to the virus actually injected;
Nature, Sept. 14, 2021, The Tangled History of mRNA Vaccines,
https://www.nature.com/articles/d41586-021-02483-w
• Report: COVID Vaccines Cause Blood Clots/Fail D-dimer Tesst: The
unique mRNA nature of COVID vaccines (unlike other anti-viral vaccines)
causes up to 62% of vaccinated people to fail the D-dimer test, meaning their
red blood cells become sticky, rather than smooth, leading to blood clots and
potentially large numbers of deaths over time,
https://contraelencierro.blogspot.com/2021/07/dr-hoffe-en-el-62-de-los-
vacunados-hay.html
• 2 This is the VAERS figure (21,000+) the federal government reports. Commentators
criticize its under-reporting and estimate the actual number of COVID-vaccine deaths at
140,000. American Thinker, Dec. 9, 2021, VAERS Data Indicates the Covid Vaccines Have
Killed at Least 140,000 People,
www.americanthinker.com/articles/2021/12/vaers_data_indicates_
the_covid_vaccines_have_killed_at_least_140000_americans.html
4
• Inventor’s Remorse: mRNA Inventor Now Against Vaccine
Technology He Invented: Dr. Robert Malone, inventor of the mRNA
technology used in COVID vaccines, now strongly opposes its use especially
in children, WSAU-TV, Dec. 16, 2021, COVID Shot Irreversible and
Potentially Permanently Damaging to Children,
https://wsau.com/2021/12/16/leading-researcherinventor-of-the-mrna-vaccine-
dont-vaccinate-your-children/
• Report: COVID Vaccines Cause Cancer, Shingles, Herpes: The unique
mRNA component of COVID vaccines, as a foreign substance, generates an
immune rejection by the body which the mRNA vaccines overcome by
reducing the body’s immune response, leading to cancers, shingles and herpes
among vaccinated people; see, e.g., doctor’s report in Lifestyle, Sept. 13, 2021,
Idaho Doctor Reports a “20 Times Increase” of Cancer Among Vaccinated
Patients, https://www.lifesitenews.com/news/idaho-doctor-reports-a-20-times-
increase-of-cancer-in-vaccinated-patients/
• Report: COVID Vaccines Cause Heart Attacks, Blood Clots: See
World Tribune, Dec. 24,, 2021, California Nurses Report “Overwhelming”
Number of Heart Attacks, Clotting in Vaccinated Patients, https://www.
worldtribune.com/california-nurses-report-overwhelming-number-of-heart-
attacks-clotting-in-vaccinated-patients/?utm_source=wnd&utm_medium=
wnd&utm_campaign=syndicated
• Government Report: COVID Vaccines Fail to Prevent Virus
Transmission: The CDC admits the COVID vaccines do not prevent one
from contracting or transmitting the COVID virus; Statement from CDC
Director Rochelle P. Walensky, MD, MPH, on Today’s MMWR, July 30, 2021,
https://www.cdc.gov/media/releases/2021/s0730-mmwr-covid-19.html; see
also https://www.realclearpolitics.com/video/2021/08/06/cdc_director_
vaccines_no_longer_prevent_you_from_spreading_covid.html#! raising
serious questions about the public-health benefits of COVID vaccines in
preventing transmission of the virus to others;
• Report: COVID-Vaccine Immunity Much Less Effective Than Natural
Immunity: An Israeli study of several hundred thousand people, the largest
of its kind, showed that COVID-vaccine immunity provided far less protection
than natural immunity – that vaccinated people with vaccine immunity were
6-to-13 times more likely than unvaccinated people with natural immunity to
get the COVID virus, 27 times more likely to get symptoms, and 8 times more
likely to be hospitalized. Israel National News, Aug. 29, 2021, Israeli Study:
Natural Immunity Gives Better Protection Than COVID Shot,
https://www.israelnationalnews.com/news/312637
5
• Government Reports: Most COVID Deaths and Hospitalizations are
Among the Vaccinated: According to governmental reports:
o in the United Kingdom, vaccinated are 3-times more likely to die of
COVID than unvaccinated, https://humansarefree.com/2021/06/latest-
uk-data-vaccinated-people-3-times-more-likely-to-die-from-delta-
variant_than_unvaccinated.html
o in Australia and Israel, 95% & 99% of patients hospitalized with
COVID were fully vaccinated, https://newsrescue.com/australia-israel-
report-95-99-hospitalized-fully-vaccinated/
o in the State of Vermont, 76% of people dying from COVID were fully
vaccinated, https://citizenfreepress.com/column-3/vermont-76-of-
september-covid-deaths-were-fully-vaccinated/
The “extraordinary” and unusual nature of COVID vaccines, their draconian
effects, and their novel technology never tested for long-term effects on humans
together underscore their exception to the usual allowance of administrative
regulation – even if OSHA ever had authority in this area – and that the vaccine
requirement in the private workplace lies beyond the intent of any existing
Congressional delegation. FDA, supra. At the federal level, this is an area which
Congress alone may regulate and which OSHA’s regulations have transgressed.
CONCLUSION
This Court should void OSHA’s vaccine mandate, grant a stay and certiorari,
and reverse the judgment of the Sixth Circuit.
Respectfully submitted,
Dennis Grossman
Counsel of Record
6701 Sunset Drive (Suite 104)
Miami, Florida 33143
(516) 466-6690
dagrossmanlaw@aol.com
Counsel for Amici Curiae
6
File and source
- File
- 21A244_084_Jan_06_2022_Main_Document_20220106153032887_AMICUS_BRIEF-1-6-2022.pdf
- Size
- 207,325 bytes
- SHA-256
- 7bc0a92a4d51102656eb19b73a2b83bbc72e695955670665b28142c6d801cbee
- Original
- www.supremecourt.gov