Infectious Disease

SCOTUS blocks Biden’s vaccination order for private companies

January 13, 2022

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Becerra and Biden are not reporting any relevant financial information.

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The Supreme Court blocked the president on Thursday Joe Biden‘s federal COVID-19 vaccine mandate for large private companies by 6-3 votes. The mandate would have required staff to be vaccinated or tested weekly.

However, in a 5-4 decision, the court supported another mandate mandating a COVID-19 vaccination for health workers at facilities receiving federal funding, which Biden said will be enforced.

Source: Adobe Stock.

The Supreme Court blocked President Biden’s federal COVID-19 immunization mandate for private companies, but backed a mandate for healthcare workers. Source: Adobe Stock.

Biden announced the mandates Sept. 9 as part of his plan to combat a wave of infections from the Delta variant. The private company mandate was suspended Nov. 6 by a federal appeals court, which said there was “reason to believe there are serious legal and constitutional problems with the mandate.”

The first mandate would have required every private company with at least 100 employees to ensure all workers are vaccinated or provide a weekly negative COVID-19 test.

In its ruling against the workers’ mandate, the court wrote: “Allowing OSHA to regulate the hazards of everyday life—simply because most Americans have jobs and are exposed to the same risks during work hours—would greatly expand OSHA’s regulatory authority without clear congressional authority.” ”

It states: “A vaccination order differs significantly from the workplace regulations that OSHA has normally imposed. After all, a vaccination ‘cannot be undone at the end of the working day’.”

“[I]Mandating 84 million Americans in response to a global pandemic is simply “not part of what the agency was built for,” the judges wrote.

The ruling, which supported mandatory vaccinations for healthcare workers at facilities that receive federal funding, quoted the HHS secretary as saying Xavier Becerra, JD, who said that a vaccination mandate “is necessary to promote and protect the health and safety of patients”.

“The rule thus fits seamlessly into the language of the law,” the judges wrote. “Finally, ensuring providers are taking steps to avoid transmitting a dangerous virus to their patients is consistent with the fundamental principle of the medical profession: do no harm first.”

In a statement, Biden said the healthcare worker mandate will cover 10.4 million workers at 76,000 medical facilities. He expressed his disappointment at the other verdict.

“I am disappointed that the Supreme Court has decided to block common sense life-saving requests for employees of large corporations that are based on both science and the law,” Biden said. “This emergency standard allowed employers to require vaccinations or allow workers to be vaccinated as long as they were tested once a week and wore a mask at work: a very modest burden.”

According to Biden, it is now up to states and individual employers to make workplaces as safe as possible.

“The Court has ruled that my administration cannot use the powers granted to it by Congress to require this action, but that does not prevent me from using my voice as President to advocate for employers to do the right thing, to protect the health and economy of Americans,” he said.

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