Supreme Court Blocks Biden’s Vaccine-Or-Testing Rule For Businesses, Allows Healthcare Worker Mandate To Move Forward

The Supreme Court blocked President Joe Biden’s vaccine-or-testing rule for private businesses with 100+ employees Thursday, but ruled to reinstate the administration’s vaccine mandate for healthcare workers.

The court began hearing arguments Jan. 7 regarding Biden’s two mandates, which he announced in 2021 and are set to affect almost 100 million workers. The first policy is a vaccine-or-testing rule for private business with 100+ employees. The second policy is a vaccine mandate for any health care worker operating out of a facility that receives Medicaid and Medicare funding, minus those who qualify for religious and medical exemptions.

While the policies were announced in November, enforcement has not yet begun due to lawsuits. (RELATED: Companies, Business Groups Have Plans To Push Back On Biden’s Vaccine Mandate)

The Supreme Court blocked Biden’s private business rule 6-3, noting the secretary of labor doesn’t have the “authority to impose the mandate.” The court added that Congress should have decided the rules.

BREAKING: The Supreme Court BLOCKS the federal government’s COVID-19 vaccine-or-test requirement for large workplaces. The court ALLOWS a vaccine mandate for workers at federally funded health care facilities to take effect nationwide.

— SCOTUSblog (@SCOTUSblog) January 13, 2022

“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the Supreme Court wrote in its opinion, adding that requiring vaccinations for the roughly 84 million Americans this would affect “falls in the latter category.”

Biden first announced this rule in September and the Occupational Safety and Health Administration [OSHA] issued rules on it in November. The United States Court of Appeals for the Fifth Circuit issued a temporary halt of this OSHA rule Nov. 6., and the halt was upheld by the court Nov. 12. The Sixth Circuit Court of Appeals subsequently overturned the ruling in December. (RELATED: Companies, Business Groups Have Plans To Push Back On Biden’s Vaccine Mandate)

In a narrower, decision, the Supreme Court ruled 5-4 to allow Biden’s rule for healthcare workers take effect across the country. The Supreme Court noted that vaccine requirements for healthcare workers are “common,” echoing an argument made by the administration.

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