The Supreme Court has stopped enforcement of the Biden administration's COVID-19 vaccine mandate for private businesses with more than 100 employees.
The Court concluded that Congress had not given the Occupational Safety and Health Administration (OSHA) the ability to regulate public health that broadly.
The short-lived OSHA vaccine-or-test rule took effect on Monday. Under it, businesses with 100 or more employees needed to get every worker vaccinated or used to weekly testing and wearing masks.
At the same time, the Court allowed the CMS mandates to remain at federally funded healthcare facilities.
Liberal Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, issued a scathing dissent.
“When we are wise, we know not to displace the judgments of experts, acting within the sphere Congress marked out and under Presidential control, to deal with emergency conditions,” they wrote. “Today, we are not wise. In the face of a still-raging pandemic, this Court tells the agency charged with protecting worker safety that it may not do so in all the workplaces needed. As disease and death continue to mount, this Court tells the agency that it cannot respond in the most effective way possible.”
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As CNBC reports:
“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 court wrote in an unsigned opinion.
“Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category,” the court wrote.
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In a separate, simultaneously released ruling on the administration's vaccination rules for health-care workers, a 5-4 majority wrote, “We agree with the Government that the [Health and Human Services] Secretary's rule falls within the authorities that Congress has conferred upon him.”
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett dissented from that ruling.
The Clot Shot is NOT a vaccine!