The Supreme Court heard arguments on whether to uphold the federal government's workplace vaccine requirements, with key conservative justices signaling they may be willing to temporarily block President Joe Biden's vaccine-or-test mandate for large private employers.
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The Supreme Court heard oral arguments on Friday on whether to temporarily halt the federal government's rule requiring all private employers with more than 100 employees to mandate vaccines or Covid-19 testing.
The Chief Justice questioned the Biden Administration's strategy of using different agencies to implement vaccine mandates as a "work-around" to issuing a federal vaccine mandate without congressional approval.
The challengers of the mandate were given some sympathy by the justices, with one asking a lawyer if they believed the mandate was too broad, and another suggesting that the issue should be left up to the states.
The vaccine-or-test mandate was imposed by the federal government as an emergency rule, rather than a regular rule that would require a public comment period and greater scrutiny before it could be implemented.
The vaccine mandate for healthcare workers could be temporarily blocked by the court as it hears oral arguments on challenges to the rule.
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Roberts asked an attorney arguing against the vaccine-or-test mandate, "Why wouldn't OSHA have the authority to issue the most effective measure possible against Covid-19 by requiring vaccines or tests?"
The key background.
The healthcare worker and private employer mandates are two of four requirements the Biden administration has imposed. Even though polls show most Americans approve of the policies, they have caused a lot of controversy. More than 10 challenges to be filed at the Supreme Court were filed after the large employer mandate was restored by the 6th Circuit Court of Appeals. Biden's healthcare worker mandate, which applies to those working at facilities that participate in Medicare and Medicaid, is now blocked in a combined 24 states. The Supreme Court has upheld smaller vaccine mandates in the past, including state-level requirements for healthcare workers in New York and Maine.
What to watch for.
The challengers have asked for a decision before the court rules on the private employer policy. The vaccine-or-test mandate for large employers went into effect Tuesday, but the Department of Labor said it will not penalize employers who don't comply until January 10 or February 9. The healthcare worker rule was due to go into effect on January 4, but the Centers for Medicare and Medicaid Services said in a December statement to Forbes that it has suspended its efforts to implement and enforce the rule.
Surprising fact.
The Ohio and Louisiana attorneys who were arguing against the mandates tested positive for Covid-19, so they did not attend the hearing. Supreme Court Justices, who are at higher risk for severe complications for Covid-19, also participated remotely. The Supreme Court requires attorneys to test negative for the virus before they argue, and justices are fully vaccine and boosted.
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Biden's federal contractor mandate was temporarily blocked in federal district court in December. The 11th Circuit Court of Appeals declined to restore the mandate, but the case has not yet made it to the Supreme Court.
The Supreme Court is considering several lawsuits against the vaccine mandate.
The Supreme Court will review Biden's vaccine rules. Here is what to know. The Washington Post has a story about it.
Here are the most and least supportive of vaccine mandates in the workplace.
The vaccine mandate for healthcare workers is going to take effect in 26 states.
The appeals court restored Biden's vaccine-or-test mandate for large employers.
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