Friends of the Court in Support of an Emergency Stay against the OSHA ETS

An amicus curiae (“friend of the court”) brief may be submitted by a party that has a special interest or expertise in a case, in order to provide judges with information and perspective for reaching a decision.

The following parties have submitted amicus briefs in support of one or more of the 14 applicants who have petitioned for an emergency temporary stay against the OSHA ETS.

The outlines below are copied from the respective tables of contents.

1. Washington Legal Foundation
   1. The ETS Will Hurt The Economy
   2. OSHA’s Delay In Issuing The ETS Shows The Mandate Should Have Undergone Notice-And-Comment Rulemaking
2. Liberty, Life, and Law Foundation
   1. Unlike The OSHA Mandate, Jacobson Did Not Violate The Constitution’s Structural Protections
   2. Jacobson Anticipated Later Legal Developments Protecting Fundamental Rights Against Government Intrusion
3. We the Patriots USA
   1. There Are Serious Questions On Whether The Risks Of COVID-19 Vaccinations Outweigh Their Rewards
   2. The ETS Violates The Major-Questions Doctrine Because Mandating Medical Treatment For Vast Portions Of The Population Is A Major Political And Economic Question That Cong ress Has Never Delegated To The Executive Branch Because It Cannot Constitutionally Act Itself
   3. Federalism Prohibits Congress From Exercising Police Power To Enact General Measures To Protect Public Health
4. Advancing American Freedom, Inc.
   1. Historical Disposition of OSHA ETSs
   2. Common Characteristics of Past OSHA ETSs
5. America's Frontline Doctors
   1. Covid-19 injections do not create immunity. They are treatments, not vaccines
   2. The Government’s attempt to mandate treatments is subject to strict scrutiny
   3. The OSHA ETS is not narrowly tailored to meet a compelling state interest
6. Jason Feliciano and the International Conference of Evangelical Chaplain[s]
   1. OSHA Has Exceeded Its Authority
   2. The ETS Does Not Prevent “Exposure” To The Virus
   3. The Testing Mandate Can Impose An Unjustified Economic Burden That Operates As A Fine Or Penalty
   4. The Masking Mandate Portion Of The ETS Does Not Prevent Exposure To The Covid-19 Virus
   5. OSHA’s Mandate Punishes Citizens For Exercising Their Right To Maintain Bodily Integrity
   6. The ETS Vaccination, Testing, And Face Mask Mandate Do Not Provide Religious Exemptions
   7. OSHA’s ETS Creates A “Separate But Equal” Work Environment, Through Medical Segregation
7. Tore Says LLC
   1. The Court Has Recognized That Business Entities Are Afforded Constitutional Protections; In Line With Those Decisions, Corporate Entities Have The Autonomy To Determine Whether To Implement Vaccination-And-Testing Requirement
   2. The OSHA ETS Infringes Upon The Unenumerated Rights Retained By The People As Acknowledged By The Ninth Amendment To The United States Constitution
   3. Even If A Government Agency Had The Authority To Regulate The Implementation Of Vaccination-And-Testing Requirements In Places Of Employment, That Authority Would Belong To The Respective States And Not To The Federal Government
8. Defending the Republic
   1. The Development of COVID-19 Vaccines
   2. The FDA-Approved Comirnaty is Unavailable to the American Public
   3. Important Differences Between EUA and FDA-Approved Vaccines
   4. EUA and FDA Licensed Products do not have the “Same Formulation” and are not “Interchangeable”
9. Standard Process Inc.
   1. Contrary to OSHA’s assumptions and reasoning, mandatory vaccination will result in immediate mass resignations
   2. Contrary to OSHA’s assumptions and reasoning, testing is under-accessible, disruptive, and costly—especially in rural areas
   3. As a result, the ETS will cause irreparable harm and undermine the public interest
   4. The ETS undermines private and public interests unnecessarily
10. The IU Family for Choice, not Mandates, Inc.
    1. COVID Vaccines Are a Medical Treatment, Not a Public Health Measure
    2. OSHA’s Emergency Provision Exceeds Its Authority
    3. OSHA’s Emergency Provisions Should be Subject to Heightened Scrutiny Under Both the Constitution and Under the Pre-enforcement “Harder-Look” Doctrine
11. Local Union 1249 of the International Brotherhood of Electrical Workers
    1. The ETS is Unlike OSHA’s Existing Regulations and Inconsistent With its Congressionally Created Purpose
       1. The ETS is Overbroad in That it Seeks to Regulate Off-Duty Conduct and Non-Occupational Hazards
       2. The ETS Improperly Shifts Compliance and Cost Burdens to Employees
    2. Labor Organizations are Well Equipped to Negotiate Workable, Workplace-Specific Policies to Protect Against Covid-19 Transmission
    3. The Rapidly Changing Nature of the Pandemic Counsels Against an Inflexible ETS
12. Center for Medical Freedom, et al.
    1. The OSHA Statute Was Enacted As An Exercise Of The Commerce
       Power
    2. Jacobson V. Massachusetts Offers No Support For The OSHA Vaccine
       Mandate
    3. The U.S. Constitution Grants The Federal Government No Federal Police Power
    4. The OSHA Regulation Is Predicated On A False Assumption And Is Thus Arbitrary And Capricious
    5. Who Is Responsible For Public Health?
13. 183 Members of Congress
    1. Congress Did Not Provide OSHA With The Authority It Claims Here
    2. Assuming OSHA Has The Authority It Now Claims Would Violate The Major Questions Doctrine