Thursday, January 13, 2022

Supreme Court Blocks Vaccine Mandate

The Biden Administration's vaccine mandate for private employers is dead although it remains in place for healthcare facilities who participate in Medicare and Medicaid.  The Wall Street Journal reported: 

 The Supreme Court on Thursday blocked the Biden administration’s Covid-19 vaccine-or-testing rules for large private employers, upending the government’s most aggressive effort to combat the pandemic in the workplace.

The high court, however, did give the administration more latitude in the healthcare industry, allowing it to impose a vaccine mandate for more than 10 million healthcare workers whose facilities participate in Medicare and Medicaid, a holding that leaves one part of the president’s Covid-19 playbook in place.

The private-employer requirements, for businesses with 100 or more employees, would have applied to an estimated 84 million workers. The court’s conservative majority, in an unsigned opinion, said the Biden administration likely didn’t have the unilateral power to impose a mandate that employers ensure their workers were vaccinated or tested every week for Covid-19. Three liberal justices dissented.

Some highlights from the opinion are: 

The Act empowers the Secretary to set workplace safety standards, not broad public health measures...

Ahough COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most.  COVID–19
can and does spread at home, in schools, during sporting events, and everywhere else that people gather.   That kind of universal risk is no different  from  the  day-to-day  dangers  that  all  face  from crime, air pollution, or any number of communicable dis- eases.   Permitting OSHA to regulate the hazards of daily life—simply  because  most  Americans  have  jobs  and  face those same risks while on the clock—would significantly ex- pand OSHA’s regulatory authority without clear congressional authorization....

Where the virus poses a special danger because of the particular features of an  employee’s  job  of an employee's job or workplace, targeted regulations are plainly permissible.  ...    



Anonymous said...

Knew they would. They had to because you know, Fauci lies. Can't wait till they expose this turds secret stock.

Anonymous said...

translated: we won't be able to get health care bc there will be no one to serve us

Anonymous said...

Split the baby. Just as I expected.

Anonymous said...

Another Supreme Court decision right down party lines. This politicization of the highest court is exactly what the founding fathers wanted to prevent.

Anonymous said...


Anonymous said...

6-3. That's a strong enough repudiation of executive branch over-reach.

Anonymous said...

2:52, I'm right-leaning, but a 6-3 decision isn't a strong repudiation when it's a party-line vote. A strong repudiation would have both liber- and conservative-leaning justices on the same side of the issue.

Anonymous said...

BFD. It's about over anyway. Now we need Faust Fauci to leave, go away or die.

Anonymous said...

The dissenting opinion is pathetic. Somebody needs to tell those Clinton and Obama judges that "the Federal Government" is more than one executive branch agency.

Anonymous said...

3:00 ....exactly , me thinks 2:52 doesn't realize the make up of the court. Or the fact that the three "for's" all believe the hospital admin lies about kids and covid. What was it ? 300,000 in the ICU's.

Anonymous said...

Funny most employers are still requiring it as a condition of employment

Anonymous said...

I wonder if Biden will choose to frame this as a national defense issue, like Trump did with the border wall, issue to reinstate the mandate. If he did that, he wouldn’t have to limit it to workers.

Anonymous said...

...but a 6-3 decision isn't a strong repudiation when it's a party-line vote.

Which parties?

Anonymous said...

All branches of the Federal Government are insane!
This nation cannot afford to lose one healthcare Worker!
So why did the Supreme court decide to let Biden Vaccinate or lose your job stand for this group?
Pure Stupidity!
I watch Biden on TV today. He garbled & mumbled on several statements.
Man can barely speak. How and the Heck did the Democrats elect a man.

KaptKangaroo said...

Yo! 3:00PM

When a Justice misrepresents reality from the bench, I don’t think it’s political, I can assure you it’s stupidity.

Abrham Lincoln said...

3:00 PM
This is a great example of not ruling on the merits of the case but on supporting your party.

Anonymous said...

I cant believe that I've gotten 3 doses of protection and now, in dire need of protection from those people who refuse to accept the protection, those judges refused to force the unprotected people to get the protection that didnt protect me from testing positive today before my fourth dose of protection could be authorized so that I can be protected.

Anonymous said...

An executive agency has no authority to tell a private company to fire employees if they refuse to inject something into their bodies. Bottom line.

Anonymous said...

4:31 : You do know that hospitals mandate FLU vaccines for HCW's . HHS has its own deal and that is why the judges stayed away from it. I get it but this is a is what it is and HCW's know it.

Anonymous said...

Good one @8:01. This is almost the worst of both worlds. It enforces the not-vaccine on the group of people most likely to have natural immunity, gives an out to enough people that we'll just keep ignoring the fact that the Supreme Court has been allowed too much power, and lets Republican politicians keep up the farce that we have to keep electing Romneys to keep a Republican majority on the Court.

Anonymous said...

Attn 3:00 o’clock pm. Please list all Supreme Court justices and their respective parties, as this is all new to me. One of us was misled in high school government studies. I have a feeling it was you,and where did you acquire that remedial education training.

Krusatyr said...

Monoclonal Antibodies and other therapies should be enabled NOW large scale by GOP in Congress: dare the dems to kill the measure.

Anonymous said...

"Funny most employers are still requiring it as a condition of employment"

What is even funnier is now the employers cannot hide behind the mandate as a legal shield for liability. A lot of employers are about to get sued for current and future adverse reactions.

Anonymous said...

@8:54 - how unbelievably naive can you be? Do you think the Republicans blocked Obama's pick from getting a confirmation hearing just so they could appoint an apolitical replacement? Did they then rush through a pick as soon as RBG's pulse weakened so a lame duck Trump and lame duck Republican Congress could pick an apolitical replacement?

@9:11 - How exactly are the Republicans going to increase the production capacity of the Pharmaceutical companies who make these? Why would you think Democrats don't want more treatment options as well?

@9:39 - Anyone can be sued for anything. Maybe I'll sue my employer for not requiring vaccines since they are not protecting my health like they could.

Anonymous said...

"@9:39 - Anyone can be sued for anything. Maybe I'll sue my employer for not requiring vaccines since they are not protecting my health like they could."

@11:08 Lots of law suits get thrown out due to its frivolous nature too. Good luck proving that you caught Covid at work and not in any of your other places you shop and visit. However, an employer forcing me to take a vaccine I did not want nor need and then I get an adverse reaction from it whether it is an immediate myocarditis episode or a future unknown reaction, yeah that's an actual winnable case.

Anonymous said...

One shot a month for the remainder of one's natural life. What a way to live.

Anonymous said...

@1:54 - you are wrong. Employers liability is limited to workers compensation if you have an adverse reaction to a required definition. You are not allowed to sue under your hypothetical and it would be thrown out with swiftness if you do file it. Under the emergency order, you also are not allowed to sue the vaccine maker. There is a government program called the National Vaccine Injury Compensation Program which provides compensation for a bad reaction to a vaccine.

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