Stuart Gerson

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The Court didn’t waste time getting to a controversial matter, the applications for stays of the Occupational Safety and Health Administration’s (“OSHA’s”) COVID-19 mandate concerning alternatives of mandatory testing, masking, or vaccination directed at employers and the Department of Health & Human Services (“DHHS”) mandate directed at health care facilities and their workers.
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Continue Reading Supreme Court Acts on COVID-19 Mandates, Allowing DHHS to Go Forward but Blocking OSHA: SCOTUS Today

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The Court has resumed issuing opinions with its holding in Babcock v. Kijakazi, Acting Commissioner of Social Security. This case of statutory interpretation is of particular interest to the relatively small set of individuals who claim retirement benefits based on simultaneous service in two federal pension systems. The Court’s opinion, written by Justice Barrett, was joined by all of the other Justices, save for Justice Gorsuch, who, somewhat self-consciously, dissented.
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Continue Reading Supreme Court Denies Claim of Dual-Status Military Technician in Retirement Benefits Dispute: SCOTUS Today

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Readers of SCOTUS Today, especially employers, might appreciate seeing an article that I co-wrote concerning the Supreme Court’s rejection of a petition to enjoin New York State’s vaccine mandate applicable to health care workers: “Supreme Court Lets New York’s Vaccine Mandate for Health Care Workers Stand.”

This action is consequential on its face because while future litigation by health care workers and others is certain, no fewer than six Justices have indicated support for a major mandate that allows for very limited exemptions. This marks the second time that the Court has rejected such a petition.

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Continue Reading Vaccine Mandates and the Free Exercise of Religion: The Supreme Court May Have Tipped Its Hand – SCOTUS Today

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No case in recent months has created more news than the Mississippi abortion case, Dobbs v. Jackson Women’s Health Organization, as to which the Supreme Court recently heard oral argument.

Commentators on all sides of the inherently controversial issue of abortion have, often with great self-importance, opined how, at least in their views, each of the Justices will decide the case and how that decision will affect the Court’s two major opinions in the area: Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey. We likely will have to wait months to know the outcome of Dobbs, in which the state argues that the trimester-based regime of Roe must be overruled.

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Continue Reading Amid Abortion Uncertainty, Supreme Court Rejects Attempts to Evade Judicial Review: SCOTUS Today

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Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers:  “Two Election-Related Decisions, Decided on Strict Ideological Grounds, Close Out the Term.”

The following is an excerpt:

No harmony today. The Court has rendered two 6-3 decisions mirroring strong ideological…