Jan 13, 2022, 03:20pm.
The vaccine requirement for healthcare workers was reinstating by the Supreme Court, but it was temporarily blocked by litigation against both moves.
The Supreme Court is in Washington, DC.
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The court had to decide whether to temporarily halt the vaccine-or-test mandate for private employers or to restore the vaccine requirement for healthcare workers, which federal appeals courts had blocked in 24 states.
The business groups and GOP-led states argued that the federal government didn't have the authority to implement the policies without congressional approval and that the rules would cause widespread staffing shortages.
The vaccine-or-test mandate should have been left up to Congress because the Labor Secretary lacked authority to impose it, according to the court.
The vaccine-or-test mandate is a significant encroachment on employees' lives and health, the court ruled, and letting the federal government regulate the hazards of daily life would significantly expand its authority.
The federal government has the authority to impose the healthcare policy, but it is pointed out that vaccine requirements are common for healthcare workers and many are in favor of the policy.
The private employer mandate took effect on January 4 and was enforced on January 10, while the healthcare rule isn't due to start being enforced until later this month.
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Congress has given OSHA the power to regulate occupational dangers, but it has not given the agency the power to regulate public health more broadly. The requirement that 84 million Americans bevaccinated simply because they work for employers with more than 100 employees falls in the latter category.
Critics.
The private employer case wouldn't have been blocked if the court had acted outside of its competence and without legal basis, as stated by Justices Elena Kagan and Stephen Breyer in their dissent. The healthcare worker mandate would have been blocked by the justices, who argued that the Department of Health and Human Services has not made a strong showing that it has the power to mandate vaccine.
What to watch for.
The lower courts will decide if the mandate cases will be upheld or struck down. The healthcare mandate will require healthcare workers to receive a first Covid-19 vaccine dose by January 27 and be fully compliant with the policy by February 28.
The key background.
The vaccine mandates are two of four the Biden administration has imposed, along with vaccination requirements for federal contractors and employees, and have proved controversial even as most Americans say they are in favor of them. The private employer policy was blocked by the 5th Circuit Court of Appeals in November, before the 6th Circuit reinstated it in December, and the 5th and 8th Circuit Courts of Appeals blocked the healthcare policy in December. Many major employers have prepared to comply with it, with companies like Starbucks and Macy's announcing new vaccination measures this week ahead of the Supreme Court hearing. The healthcare worker policy, which applies to employees in facilities that participate in Medicare and Medicaid, came after the Supreme Court upheld several state-level healthcare worker vaccine mandates.
There is a structure called the Tangent.
The Supreme Court requires all attorneys to test negative for Covid-19 before they appear before it, and all nine justices are fully vaccine and boosted. Ohio Solicitor General Benjamin Flower and Louisiana Solicitor General Liz Murrill tested positive for Covid-19, so they were unable to participate in Friday's oral arguments.
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