The Stay -- Either Way -- Will Be Consumed By Merits Briefing Very Soon: Sixth Circuit Will Move Swiftly, Even En Banc, Condor Predicts...

The able lawyers now appearing in the Sixth Circuit -- for OSHA -- are rightly pinning Texas Gov. Abbott into a LOT of near-term midnight oil burning. . . to get to the merits (forget the stay, overall) -- within a week or so.

It makes sense -- the cases are all consolidated in Cincy, so time to just decide: does OSHA possess this power, or does it not? Either way, a new wave of COVID-variant cases are engulfing large swaths of the nation. . . RIGHT NOW. It is time to act -- and act swiftly -- even if the Sixth Circuit is inclined to make this a 20 something judge hearing (en banc). Here's the latest overnight OSHA motion -- and it is nearly certain to be granted in substantial part:

. . .Any responses seeking to defend or extend the stay must be filed by December 2. . .

The government also requests that the Court set an expedited briefing schedule on the merits now, before resolving any pleadings related to the stay or any petitions for initial hearing en banc. Given the exigent circumstances that led to OSHA’s promulgation of the emergency temporary standard—and that persist and are now worsening -- swift resolution of the petitioners’ challenges to the Standard is warranted. The lives and health of thousands of American workers are at stake. The government is prepared to file the certified index of record immediately. The government proposes the following schedule:

Petitioners file opening [merits] briefs by December 8. . . .

We shall see. . . with turkey in the oven (since 8 am). . . dinner at three. . . with 15 happy faces to feed -- Smile. . . .

नमस्ते