Despite the misinformation spewed forth by Justice Sotomayor, The US Supreme Court has blocked the Biden administration’s unconstitutional vaccine-or-test rule for US businesses, but allowed vaccine mandate for most health care workers.
The Occupational Safety and Health Administration (OSHA) rule would have required 80 million workers to get shots or periodic tests.
The OSHA ruling vote was 6-3 with Breyer, Sotomayor, and Kagan in dissent.
“Permitting OSHA to regulate the hazards of daily life – simply because most Americans have jobs and face those same risks while on the clock – would significantly expand OSHA’s regulatory authority without clear congressional authorization.”
Chief Justice John Roberts, said during arguments that he thinks it’s hard to argue that the 1970 law governing OSHA “gives free reign to the agencies to enact such broad regulation.”
The Full Supreme Court Opinion is below:
The court allowed a separate rule to take effect requiring shots for workers in nursing homes, hospitals and other facilities that receive Medicare and Medicaid payments from the federal government (which will be interesting given that California just allowed COVID positive healthcare workers to go back to work). The vaccine mandate for healthcare workers vote was 5-4.
This is not over. the OSHA and CMS decisions return to the lower courts where the facts will be established. The facts in Court on the record and in the argument were stale and no longer operative. Assumptions underlying the opinion that we know are unfounded are:
- The vaccinated do not spread the virus. They do.
- Vaccinating health care workers protects patients. It does not.
- The vaccine targets the Delta virus. It does, that is the problem, the virus has evolved.
- That health care workers are a serious threat to patients. They are not. Most have robust immunity due to 2 years of exposure to COVID patients.
- That one shot fits all. Risk should be analyzed and stratified.
- Natural Immunity seemed absent from the arguments.
Even with the CMS mandate being upheld, Medical and other employees are allowed medical and religious exemptions under the rules.