Supreme Court Invalidates COVID Vaccine Mandate

Jan. 13, 2022
The U.S. Supreme Court has invalidated a federal mandate requiring COVID vaccination or testing for large businesses.

The U.S. Supreme Court has invalidated a federal mandate requiring COVID vaccination or testing for large businesses.

The court ruled 6 to 3 that the mandate, which took effect three days ago, could not be enforced by the Occupational Health and Safety Administration.

“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. Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented.

The OSHA rule, promulgated in September, would have required businesses with 100 or more employees to require either proof of vaccination against COVID, or weekly tests. It was hit with lawsuits from 27 states, all of which had Republican governors or attorneys general, as well as businesses and trade organizations.

In a separate ruling, the court voted 5 to 4 to allow a vaccination mandate for health care workers.

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