SCOTUS Strikes Down the Biden Administration’s Vaccine-or-Testing Rule

The U.S. Supreme Court struck down the Biden Administration’s vaccine-or-testing rule on Thursday, declaring that the Occupational Safety and Health Administration (“OSHA”) had exceeded its authority.[1] At the same time, the Court upheld a regulation issued by the Centers for Medicare and Medicaid Services (“CMS”) that mandated vaccines for almost all employees at hospitals, nursing homes, and other healthcare providers that receive federal funds.[2] The vote to invalidate the OSHA vaccine-or-test regulation was 6-to-3, along ideological lines. The CMS vaccine mandate passed with a 5-to-4 margin, with conservative Justices John Roberts and Brett Kavanaugh voting with the liberal Justices in upholding the mandate.

The majority explained that “[a]lthough Congress has indisputably given OHSA 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 within the latter category.”[3] The majority noted that the power to respond to public health emergencies such as the COVID-19 pandemic rests with the States and Congress, not OSHA.[4] In their dissent, Justices Breyer, Sotomayor, and Kagan stated “[i]n our view, the Court’s order seriously misapplies the applicable legal standards. And in so doing, it stymies the Federal Government’s ability to counter the unparalleled threat that COVID-19 poses to our Nation’s workers.” Id. The employer mandate would have required workers to be vaccinated against COVID-19 or to wear masks and be tested weekly, with employers not required to pay for the testing.[5]

In its separate ruling on the CMS healthcare worker vaccine mandate, the majority wrote “[w]e agree with the Government that the [Health and Human Services] Secretary’s rule falls within the authorities that Congress has conferred upon him.”[6] The Court likely upheld the CMS mandate because it was smaller, more targeted, and based on the Medicare and Medicaid Acts, which authorize federal health officials to set standards to protect the health and safety of elderly and sick patients.[7]

Takeaway

By staying the OSHA mandate, the case will be remanded to the Sixth Circuit for further proceedings. As this issue will likely continue to affect employers for the foreseeable future, please contact Campbell Litigation for assistance in navigating these complex legal waters.

[1] https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf

[2] https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf

[3] https://www.npr.org/2022/01/13/1072165393/supreme-court-blocks-bidens-vaccine-or-test-mandate-for-large-private-companies

[4] https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf

[5] https://www.nytimes.com/2022/01/13/us/politics/supreme-court-biden-vaccine-mandate.html

[6] https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html

[7] https://www.latimes.com/politics/story/2022-01-13/supreme-court-bidens-vaccine-rules