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Biden’s Vaccine Mandate For Businesses Blocked By The Supreme Court

The court wrote that the Occupational Safety and Health Administration was not permitted to broadly regulate public health

The United States Supreme Court has blocked Joe Biden from enforcing his vaccination requirement for companies with more than 100 employees.

The Occupational Safety and Health Administration’s regulation went into effect on Jan. 10 while the legal challenge was still under review. Under Joe Biden’s November executive order, companies with more than 100 employees were required to implement a vaccine-or-test policy or face punitive consequences.

The Supreme Court heard arguments last week regarding the validity of OSHA’s authority to enforce such a mandate. The agency had issued the regulations under its emergency power which had been established by Congress. 

In an unsigned opinion released on Jan. 13, the court wrote, “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.”

“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.

Led by a conservative majority, the court’s 6-to-3 ruling affirmed that the Biden administration had overstepped its authority when creating the mandate. 

The dissenting votes were cast by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.

“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 in their dissent. “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.”

The Biden administration had asked the court last week to leave in place the masking and COVID-19 testing requirements for workplaces even if it invalidated the vaccine mandate. The court rejected this request.

An estimated 80 million individuals would have been impacted by the vaccine-or-test policy. 

The court also released a second ruling on Thursday affirming that the administration’s vaccine mandate for health care workers was valid.

“We agree with the Government that the [Health and Human Services] Secretary’s rule falls within the authorities that Congress has conferred upon him,” the court wrote in its second statement.

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13 responses to “Biden’s Vaccine Mandate For Businesses Blocked By The Supreme Court”

  1. pandusa says:

    As I understand it, we have Roberts and Kavanaugh to thank for the healthcare mandate. I guess it is ok for vaxed personnel to work infected and shedding.

  2. HerrDoktor says:

    @kirby561 — sue them for the wages you are being denied as you look for another job and, as RandomSalmon points out, work for someone who deserves you.

  3. pandusa says:

    If they can’t go over or around it…they will try to dig under it. Their behavior pattern is double down. They are desperate and ridiculous but that can also make them dangerous- even reckless. They or their minions do own the majority of a lot of things. Yesterday was a bad day for them…really bad.

  4. Sexynate says:

    I’ve been saying from the beginning, this is all just to scare as many people possible into getting it, then backpedaling these blatantly illegal decrees. I’m fucked here in LA. Trying to get to Texas, but the missis is dragging her feet.

  5. Turk_Longwell says:

    Hannah Claire, I Love the Headline. Spot On. Great Article.

    While the DailyWire Calls it an Absolute Victory.
    I must be a dissenting voice.
    If not All American Citizens earn Their Liberties, then it’s Not an Absolute Victory.
    We must acknowledge the “Most Healthcare Workers”.

  6. prcntm_2nd_try says:

    Does this mean there are now legal option available for those who have been fired with this regulation cited as the reason? If the mandates aren’t legal, then surely any actions taken in direct support of those mandates is also illegal.

  7. RandomSalmon says:

    @kirby561, if you work for a private employer this means that they cannot fire you! Although, your employer is probably trash for enforcing this in the first place; maybe you are better off working elsewhere.

  8. TuckR8 says:

    Read Sotomeyor’s other opinions. I firmly believe she is an evil person who hates personal freedoms.

  9. kirby561 says:

    This is great news but unfortunately my company is already firing me over this. I hope this makes other companies remove their mandates so there are more options.

  10. MontyLalado says:

    God those liberal judges are sacks of shit

  11. Garce says:

    Remember that sotomayor didnt even know the statistics for which she exclaimed. 100k kids is drastically different than the reality of between 3 thousand and 5 thousand kids.

    Her opinion is tained doubly by her blatant disregard for health protocols by dining out later that night with pelosi, schumer and other democrats.

  12. Szell says:


  13. JMac says:

    A good, solid win, Patriots.