Off The Net -- 10:01 P.M. CT -- Wednesday, January 12, 2022

Good luck to all. See you tomorrow.

From fisherphilliops.com:

The Supreme Court may have just tipped its hand as to when employers can expect to learn the fate of both the OSHA Vaccine ETS and the CMS Healthcare Vaccine Mandate.

SCOTUS released its updated calendar for the remainder of January yesterday (Monday, January 10, 2022), and the update noted that at least one new opinion will be released this Thursday, January 13, 2022. 

Given the fact that it is somewhat out of the norm for SCOTUS to issue opinions on a Thursday, some believe this could be a sign that the Court is reserving this day for the release of these monumental decisions.

Why is a Thursday Release Day Significant?

A note of caution: the Supreme Court is notoriously secretive about its inner workings, and does not announce to the public which cases will be released ahead of time. 

Moreover, there are at least 25 other cases sitting on the SCOTUS docket that could be released at that time. 

And given the high stakes involved with the vaccine companion cases, it would not be at all surprising for the Court to drop the opinions in an hour, tonight [Wednesday, January 12, 2022] at 6 PM, or first thing tomorrow morning [Thursday, January 13, 2022]. 

However, as you can see from the Court’s calendar, opinions are usually released on Tuesday and Wednesday mornings and on the third Monday of each sitting. The unusual nature of a Thursday release day, therefore, may be an indicator that the ETS and CMS rulings are coming on that day. 

And again, this announcement came on Monday, the next business day after the oral arguments.

Much more at the link.