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.
On November 5th, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (ETS) on COVID-19 vaccination and testing requirements. In re: MCP No. 165, Occupational Safety & Health Admin. Rule on COVID-19 Vaccination and Testing at 4–5.
Additional Resources
- Robert Iafolla, Covid Shot-or-Test Rule Opponents Press Supreme Court for Stay, Bloomberg Law (January 3, 2022)
- Spencer Kimball, Federal appeals court reinstates Biden administration’s business vaccine and testing mandate, CNBC (December 17, 2021)