Scott Keller is standing to argue on behalf of more than two dozen business groups seeking an immediate order from the Supreme Court to halt a Biden administration order to impose a vaccine-or-testing requirement on the nation's large employers. The Supreme Court stopped the Biden administration from requiring employees at large businesses to wear a mask or be tested for COVID-19. The administration's efforts to boost the vaccination rate among Americans were dealt a blow by the court's order Thursday. In this file photo,Dana Verkouteren.
The Supreme Court stopped the Biden administration from requiring employees at large businesses to wear a mask or be tested for vaccine-preventable diseases.
The court is allowing the administration to proceed with a vaccine mandate for most health care workers.
The administration had a mixed bag when it came to the court orders Thursday during the spike in coronaviruses cases.
The administration overstepped its authority when it sought to impose the Occupational Safety and Health Administration's vaccine-or-test rule on businesses with at least 100 employees, according to the court's conservative majority. More than 80 million people would have been affected.
OSHA has never imposed such a mandate before. Congress has not. The conservatives wrote that although Congress has enacted significant legislation addressing the COVID–19 Pandemic, it has not enacted any measure similar to what OSHA has promulgated here.
The court's three liberals argued that the court was overreaching by substituting its judgement for health experts. The justices wrote that the court acted outside of its competence and without legal basis, and that the government officials who were given the responsibility to respond to workplace health emergencies were displaced.
White House officials always anticipated legal challenges when crafting the OSHA rule. The rule is still viewed as a success by the administration because it has already driven millions of people to get vaccinations and private businesses to implement their own requirements.
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On Monday, Dr. Fauci appeared on CNN's The Situation Room with Wolf Blitzer, one day after making headlines with his comments on vaccine mandates for air travel. Fauci was asked by Jonathan Karl if he agreed with President Biden that there shouldn't be a vaccine requirement for domestic air travel. Fauci said it depends on what you want to use it for. It's just another way of getting people to get vaccinations, and you can't get on a plane unless you're up to date on your immunizations. Anything that could increase the number of vaccinations would be great. Fauci had a chance to elaborate further when Jim Acosta asked him about his recent comments on the subject. We put everything that comes up as a possibility on the table and consider it. Fauci said that it is not likely to happen. I don't think people should expect that we're going to have a requirement in domestic flights for people to be vaccinations. I gave an honest answer when I was asked that question. It is on the table, but that doesn't mean it will happen. Fauci said that vaccine mandates would have to change dramatically for domestic air travel to be considered seriously. Fauci said it was not about having a stance when he was asked how his stance compared to others in the White House. Jim, let's clarify that. That is something that is open for discussion. It is not a question of being in favor or against it. Fauci said that he was in favor of what could be done to keep the country safe. We will do it if the situation arises where we think it should be important. That is not going to be done right now. We don't take anything off the table. We keep things open for discussion.
Republican-led states challenged the rules. The OSHA emergency regulation was attacked by business groups as too expensive and likely to cause workers to leave their jobs at a time when finding new employees is difficult.
Most health care workers in the country will be covered by the vaccine mandate that the court will allow to be enforced nationwide. It applies to health care providers that receive federal Medicare or Medicaid funding, potentially affecting 76,000 health care facilities as well as home health care providers. There are medical and religious exemptions in the rule.
The mandate was blocked by federal appeals courts in New Orleans and St. Louis. The administration was taking steps to enforce it.
Clarence Thomas and Samuel Alito dissented in the healthcare case. The challenges posed by a global Pandemic do not allow a federal agency to exercise power that Congress has not given it. The justices wrote in an unsigned opinion that the "latter principle governs" in the healthcare cases, and that such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have.
According to the Centers for Disease Control and Prevention, more than half of Americans are fully vaccineed, and more than a third have received booster shots. The justices have gotten shots.
The justices heard arguments last week. Their questions seemed to hint at the split verdict that they issued Thursday.
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The Associated Press writer contributed to the report.
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