Supreme Court blocks nationwide vaccine and testing mandate for large businesses, allows health care worker vaccine mandate to take effect

[Eric]

I applaud Biden for trying but it's a right wing court.

Supreme Court blocks nationwide vaccine and testing mandate for large businesses

The Supreme Court on Thursday blocked President Joe Biden's vaccine and testing requirement aimed at large businesses, but it allowed a vaccine mandate for certain health care workers to go into effect nationwide.

www.cnn.com

(CNN)The Supreme Court on Thursday blocked President Joe Biden's vaccine or testing requirement aimed at large businesses, but it allowed a vaccine mandate for certain health care workers to go into effect nationwide.
In freezing a lower court opinion that allowed the regulation to go into effect nationwide, the majority sent a clear message the Occupational Safety and Health Administration, charged with protecting workplace safety, overstepped its authority in issuing such a sweeping emergency directive that would impact millions of workers. In contrast, the justices said that a separate agency could issue a rule to protect the health and safety of Medicare and Medicaid patients.

 

[Renzatic]

It's hard to say whether precedence or politics lead to this decision, but the mandates were an untested implementation of OSHA standards, and it did allow the federal government to step into domains normally administered by the individual states. It's not at all surprising it didn't pass muster.

 

[SuperMatt]

From the dissenting opinion on the healthcare worker vaccine requirement (glad they at least allowed this):

These cases are not about the efficacy or importance of COVID–19 vaccines. They are only about whether CMS has the statutory authority to force healthcare workers, by coercing their employers, to undergo a medical procedure they do not want and cannot undo.

That is REALLY rich from the same cabal who refused to block the Texas abortion law... forcing women who want an abortion to give birth is something they do not want and cannot undo. What a joke to use that reasoning in a vaccine case and rule the opposite way on abortion.

 

[dukebound85]

It's hard to say whether precedence or politics lead to this decision, but the mandates were an untested implementation of OSHA standards, and it did allow the federal government to step into domains normally administered by the individual states. It's not at all surprising it didn't pass muster.

of course its politics. The decision was 6/3

THE SCOTUS is a political hack at this point

 

[Herdfan]

of course its politics. The decision was 6/3

THE SCOTUS is a political hack at this point

As @Renzatic noted, this was a stretch for OSHA. Perhaps it was the 3 who made it political.

 

[SuperMatt]

As @Renzatic noted, this was a stretch for OSHA. Perhaps it was the 3 who made it political.

It is not a stretch at all. OSHA is about occupational safety. For example, they have always required hand-washing facilities. Which is all about preventing the spread of viruses and bacteria. If the ruling was on the stated principle that a vaccine is “a medical procedure than cannot be undone” then why did they strike down the masking and testing requirements as well?

Here is a stated purpose of the OSH act (from the OSHA website).

The General Duty Clause of the OSH Act (the law that created OSHA) requires employers to provide workers with a safe workplace that does not have any known hazards that cause or are likely to cause death or serious injury.

A workplace without mask requirements, testing requirements, or mandatory vaccines during a pandemic ABSOLUTELY has "known hazards that cause or are likely to cause death or serious injury."

Again, 100% ideology, 0% LAW, 0% caring about public safety. The UNSIGNED opinion and its legalese are a cover for right-wing ideology and a complete lack of care for public health and safety. I know how much SOME people HATE masks, but who the F cares. My right to a safe workplace FAR outweighs somebody else’s annoyance at wearing a mask or getting a safe and free vaccine.

Everybody vote Democrat in 2022 so we can pack the court with reasonable justices instead of these extremists.

 

[Herdfan]

It is not a stretch at all. OSHA is about occupational safety. For example, they have always required hand-washing facilities. Which is all about preventing the spread of viruses and bacteria. If the ruling was on the stated principle that a vaccine is “a medical procedure than cannot be undone” then why did they strike down the masking and testing requirements as well?

I agree what OSHA is about. But what they don't have the authority to require something that affects people outside of the work environment. Not sure masks were a part of the case so no idea why you brought it up.

It also didn't help that Ron Klaine retweeted that it was a "workaround" of Congress. Gorsuch went as far as to reference the tweet in his opinion. They knew it was iffy to begin with.

 

[Cmaier]

I agree what OSHA is about. But what they don't have the authority to require something that affects people outside of the work environment.

Yes, they actually do, so long as it also affects workplace safety. Just as one example, they can set training and certification requirements, requiring employees to do things outside the work environment (like attending classes) to meet those requirements.

 

[SuperMatt]

I agree what OSHA is about. But what they don't have the authority to require something that affects people outside of the work environment. Not sure masks were a part of the case so no idea why you brought it up.

I don’t understand why you join the discussion without even reading the summary of the ruling.

 

[SuperMatt]

Yes, they actually do, so long as it also affects workplace safety. Just as one example, they can set training and certification requirements, requiring employees to do things outside the work environment (like attending classes) to meet those requirements.

Also, the “mandate” had an option for those who didn’t want the vaccine to select testing and masking instead… so really nobody was being forced to get vaccinated. It also had an exemption process, including for people whose jobs do not put them into close contact with others. Which makes the partisan nature of this ruling all the more obvious.

 

[SuperMatt]

I thought Stephen Breyer put it very well in his dissent:

Underlying everything else in this dispute is a single, simple question: Who decides how much protection, and of what kind, American workers need from Covid-19? An agency with expertise in workplace health and safety, acting as Congress and the president authorized? Or a court, lacking any knowledge of how to safeguard workplaces, and insulated from responsibility for any damage it causes?

 

[User.45]

I thought Stephen Breyer put it very well in his dissent:

That's a serious burn right there. Esp because it reflects my opinion.

Remember when Rand Paul was telling people to consult their doctor about getting the COVID shot (99% of people can just go and get that friggin shot without harassing their doctor), but also told people they are immune for COVID for life and only N95s work (both proven wrong)? The fight against mandates would only make sense if the same people clearly and unambiguously advocated for vaccines at the same time. Here, these people are just advocating for repulsive opinions, but also mislead by suggesting that their educated asses didn't get boosted to the stratosphere with the vaccine.

 

[AG_PhamD]

I have to wonder why the proposal only applied to companies with over 100 employees, it seems rather arbitrary and only highlights unequal expectations. That said, I don’t think any widespread mandate ever stood a chance with this court.

At least we have mandates for healthcare workers. And it seems States and non-healthcare companies can also enact their own mandates, at least for the time being. Obviously not all of those entities will make mandates, but something is better than nothing.

As I’ve said before, I think insurers should refuse to pay for COVID related care in patients who refuse to get the vaccine. Proceed at your own risk.