The speed here (and the decision to hear very public argument, quickly) is likely not a tipoff to anything other than recent criticism of what some scholars see as the excessive use of the shadow docket. That, and the fact that the full measure now takes effect in the second week of January 2022 (per the unsurprising Sixth Circuit decision).
So I say let the sunshine in, and as the Sixth Circuit just did - let's watch them recognize that a workplace health agency may regulate health measures, in workforces:
. . .OHIO, ET AL. V. DEPT. OF LABOR, OSHA, ET AL.
Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument.
The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022. . . .
As ever, we shall have to see -- but it will survive, 6-3 (or better) says Condor. Grin.
नमस्ते
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