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Arizona v. City and County of San Francisco, California

Issues

May an interested state permissibly intervene to defend an immigration rule in court after the United States ceases to defend it and announces that a court ruling vacating the immigration rule will become effective nationwide?

 

This case asks the Supreme Court to consider whether states should be permitted to intervene to defend a rule when the United States ceases to defend it. Petitioner Arizona argues that the States fulfilled all the requirements for intervention of right and permissive intervention, and, therefore, should be permitted to intervene. Respondent San Francisco counters that the circumstances in this case do not justify intervention of right, and that denying permissive intervention was not an abuse of the Ninth Circuit’s discretion. The outcome of this case will impact government rulemaking as well as governmental and judicial resources.

Questions as Framed for the Court by the Parties

Whether states with interests should be permitted to intervene to defend a rule when the United States ceases to defend.

Under federal immigration law, 8 U.S.C.

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Biden v. Missouri

Issues

Can the Centers for Medicare and Medicaid Services continue to temporarily enforce a mandate requiring health care workers at Medicare- and Medicaid-certified facilities to be fully vaccinated against COVID-19 notwithstanding a district court injunction prohibiting the rule’s enforcement?

This case asks the Supreme Court to grant a stay of a district court injunction that currently blocks the Biden Administration from enforcing a mandate requiring certain healthcare workers to be fully vaccinated against COVID-19. The Biden Administration argues that the Supreme Court should issue a stay because the mandate is statutorily authorized, and its enforcement is in the public interest. The State of Missouri and nine other states (collectively “Missouri”) counter that the Supreme Court should reject the Biden Administration’s application for a stay and maintain enjoinment of the mandate throughout the pending litigation. The outcome of this case has significant implications for the Biden Administration’s pandemic-related authority and the role that the Supreme Court will play in either upholding or invalidating such authority.

Questions as Framed for the Court by the Parties

Whether the Supreme Court should issue a stay of the injunction issued by the United States District Court for the Eastern District of Missouri blocking a federal rule that requires all health care workers at facilities that participate in Medicare and Medicaid programs to be fully vaccinated against COVID-19 unless they are eligible for a medical or religious exemption.  

On November 5, 2021, the Centers for Medicare and Medicaid Services’ (“CMS”), an agency within the Department of Health and Human Services (“HHS”), promulgated 86 Fed. Reg.

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National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration

Issues

Should the Supreme Court grant immediate stay of OSHA's emergency order requiring the employees of all businesses with one hundred or more employees to either be vaccinated or submit to weekly testing?

This case asks the Supreme Court to consider whether a stay should be issued against the Occupational Safety and Health Administration’s (“OSHA”) vaccine-or-testing regime for businesses with 100 or more employees. Petitioner the National Federation of Independent Business argues that the Court should stay the emergency temporary standard because it is likely that the emergency temporary standard at issue exceeds OSHA's authority, and the businesses will suffer irreparable harm absent a stay. In response, Respondent OSHA argues that Congress explicitly authorizes it to address COVID-19 exposure at the workplace; and therefore, an emergency temporary standard is lawful when OSHA determines, based on substantial evidence, that it is necessary to address the immediate risk of COVID-19. The Court’s decision on this case could have significant impacts on the economy, constitutionally protected liberties, and public health.

Questions as Framed for the Court by the Parties

Whether the Supreme Court should issue a stay of OSHA's vaccine-or-testing regime for all businesses with 100 or more employees.

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