The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

State Attorneys General File Suit Against OSHA Vaccine Mandate

Red states in blue circuits look elsewhere.


So far, there have been four primary suits filed by Attorneys General agains the OSHA vaccine mandate.

First, Missouri filed in the Eighth Circuit, joined by several other states located in the Eighth Circuit, including Nebraska, Arkansas, Iowa, North Dakota, and South Dakota. This suit was also joined by red states in blue circuits: 1st Circuit (New Hampshire), Ninth Circuit (Arizona, Montana, and Alaska), and Tenth Circuit (Wyoming).

Second, Kentucky filed in the Sixth Circuit, joined by two other states located in the Sixth Circuit: Ohio and Tennessee. West Virginia joined from the Fourth Circuit, Idaho joined from the Ninth Circuit, and Oklahoma joined from the Tenth Circuit.

Third, Texas filed suit in the Fifth Circuit, joined by Louisiana and Mississippi. In addition, South Carolina from the Fourth Circuit, and Utah from the Tenth Circuit tagged along.

Fourth, Florida filed suit in the Eleventh Circuit, joined by Georgia and Alabama.

None of the red states in the First, Fourth, Ninth, and Tenth Circuits filed suits at home.

Each of these states will get a single entry in the circuit court lottery.