Supreme Court Strikes Down Biden Vaccine Mandate on Businesses

On January 13, the US Supreme Court overturned the Biden administration’s authorization of the vaccine on businesses in a 6-3 vote. The court said the Occupational Safety and Health Administration (OSHA) had exceeded its powers. Addition, COVID-19 is not an occupational hazard but a ‘global one’ and that the plan was a ‘blunt tool’.



Supreme Court drops Biden’s vaccine authorization

The court went on to say that the Occupational Safety and Health Administration (OSHA) did not have or lacked the authority to enforce the administration’s mandate for the vaccine. Furthermore, the court said that the statutes that created OSHA were for workplace safety standards and not for public actions with broad ramifications.

According to the state, the Occupational Safety and Health Administration (OSHA) will mandate that workers receive or be tested weekly and wear masks. The court said this extends the authority of the Occupational Safety and Health Administration beyond the limits set by Congress for the agency.

The court ruled, “Although COVID-19 is a risk that occurs in many workplaces, for the most part it is not an occupational hazard. COVID-19 can spread at home, at schools, during sporting events, and anywhere else people congregate. No This kind of global risk is different from the everyday dangers everyone faces from crime, air pollution, or any number of infectious diseases.”

The majority further said, “The Occupational Safety and Health Administration has never imposed such an authorization before. Neither does Congress. In fact, although Congress has enacted important legislation to address the COVID-19 pandemic, it has rejected enactment of any measure similar to what the Occupational Safety and Health Administration has issued here.”

Biden’s ruling Missouri

In the Biden case in Missouri, the court ruled 5-4 in favor of allowing a similar mandate for health care workers. This will allow the state to continue for the time being.

The case was different in that Secretary of Health and Human Services (HHS) Xavier Becerra had the authority to issue the authorization. The secretary directed institutions that receive Medicare and Medicaid funding to require health care workers to get the vaccine. The only exception is for medical or religious reasons.

The National Federation of Independent Business (NFIB) applauds the decision

The Biden vaccine mandate has been one of the most regulatory firms they have had to deal with in a very difficult economic environment. Karen Harnd, executive director of the NFIB Small Business Legal Center, echoed that sentiment in the press release. “Today’s decision is a welcome relief for small American businesses,” Harnd said.

“While small businesses are trying to recover after nearly two years of major business turmoil, the last thing they need is a mandate that will cause more business challenges,” says Harid. “We are pleased that the Supreme Court has halted enforcement of the rule while the courts consider whether Legal or not. We are optimistic that the courts will eventually agree with us that the Occupational Safety and Health Administration does not have emergency authority to regulate the entire American workforce.”

The NFIB filed the legal challenge on November 9, 2021, for review in the US Fifth Circuit Court of Appeals. At the time, Harand said, the small business economy was fragile while owners were managing many of the small business challenges.

In the challenge, the NFIB said the Occupational Safety and Health Administration needs to use the notice and comment procedure on the authorization. Instead, the Occupational Safety and Health Administration (OSHA) has used an “emergency” clause (the Occupational Health and Safety Act) that NFIB has called a poorly defined and rarely used. Using that ruling, the Occupational Safety and Health Administration implemented the mandate immediately.

Photo: Depositphotos


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