The vaccine mandate cases are consolidated emergency applications to the U.S. Supreme Court heard in an extraordinary 3.5 hour oral argument on January 7, 2022, in the employer mandate cases (Nos. 21A244 and 21A247) and the Medicare mandate cases (21A240 and 21A241).
Only once before has the Supreme Court scheduled an emergency oral argument as it did in these cases, in 1970 in the landmark administrative law case captioned Citizens to Preserve Overton Park v. Volpe. More often an individual justice has heard oral argument in his chambers on an emergency application, which occurred most recently in Blum v. Cardwell in 1980.
The case names in the employer mandate cases are National Federation of Independent Business, et al., Applicants v. Department of Labor, Occupational Safety and Health Administration, et al. (No. 21A244) and Ohio, et al., Applicants v. Department of Labor, Occupational Safety and Health Administration, et al. (No. 21A247).
The case names in the Medicare mandate cases are Xavier Becerra, Secretary of Health and Human Services, et al., Applicants v. Louisiana, et al. and Joseph R. Biden, Jr., President of the United States, et al., Applicants v. Missouri, et al..
Amicus briefs in the Medicare mandate cases
As of January 1, 2022, here is a list of groups that filed amicus briefs in one the subsequently consolidated Medicare mandate cases:
- American Medical Association, et al. (emphasizing without support that the "battle [against Covid] can be won only with widespread vaccination.")
- Service Employees International Union, et al.
- American Public Health Association, Association of American Medical Colleges, 22 deans of leading academic programs, and 126 leading public health and health policy scholars
- Former Secretaries of Health and Human Services, et al.
- Baptist Homes & Healthcare Ministries and the Christian Life Commission of the Missouri Baptist Convention submitted.
- AMA Amicus Brief at p. 7.