Multiple groups of petitioners in the newly consolidated litigation and renamed challenge to the OSHA ETS, now known as the “OSHA Covid Rule Case,” Docket No, 21-7000, MCP No. 165 (6th Cir.) have asked the court to hear the OSHA challenge en banc, with all active judges in the circuit. Multiple groups of petitioners have made or joined other groups’ requests, including a coalition of 27 states as well as the Republican National Committee (RNC). These petitioners argue that the case involves a question of “exceptional importance” involving constitutional questions about appropriate delegation of authority to OSHA, the Commerce Clause, and state versus federal powers under the 10th Amendment. The answers to these questions will affect about 80 million people in this country and their right to make personal healthcare decisions. The petitioners also argue that the OSHA ETS conflicts with Supreme Court and 6th Circuit precedent in cases heard earlier this year on the CDC's eviction moratorium. See, e.g., Alabama Assoc. Realtors et. al v. HHS, 594 U.S. ___(2021) (“[T]he sheer scope of the CDC’s claimed authority under §361(a) [of the Public Health Service Act] would counsel against the Government’s interpretation. We expect Congress to speak clearly when authorizing an agency to exercise powers of “vast ‘economic and political significance.’”); Tiger Lily v. HHS, 5 F.4th 666 (6th Cir. 2021) (holding “CDC cannot nationalize landlord-tenant law” without “exceedingly clear...
A Wixom, Michigan, business accused of making false statements to obtain a loan has agreed to pay a settlement of just over $1.5 million after it was sued by the federal government, according to th...