Defeated: Biden’s Vaccine Mandate Ruled Unlawful by Supreme Court

While the lower courts were somewhat split on the ability of federal agencies to impose such requirements, businesses and 27 Republican-led states have nonetheless asked the court to stop all the workplace requirements proposed via OSHA which were upheld by a lower court.

The Biden administration asked that federal coercive vaccine policies for health-care workers – which courts had previously placed on hold –  be allowed to move forward.

However, it is believed that the President’s insistence to jab federally-funded healthcare workers will now create a mass exodus of staff – perhaps hundreds of thousands (if not millions of workers if endless boosters are mandated) from those facilities nationwide, thus creating a new crisis, and forcing these Medicare and Medicade providers to begin rationing care.

Legal blog Techno Fog reports…

As to the Court’s reasoning, here are some highlights:

• The Secretary of Labor likely “lacked authority to impose the mandate.” In making this finding, the Court noted that the OSHA Mandate affects millions of Americans – and that the Court expects “Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” The Court reasoned that the OSHA Act “does not” plainly authorize the mandate. (The major questions doctrine.)
• COVID-19 “is not an occupational hazard.” Allowing the OSHA Mandate “would significantly expand OSHA’s regulatory authority without clear congressional authorization.”

Justice Gorsuch – with whom Justices Thomas and Alito joined – added some important points in his concurring opinion:

• The OSHA Mandate fails the major question doctrine, as “Congress has nowhere clearly assigned so much power to OSHA.” In fact, “a majority of the Senate even voted to disapprove OSHA’s regulation.”

• “The Court rightly applies the major questions doctrine and concludes that this lone statutory subsection does not clearly authorize OSHA’s mandate.”

• “Historically, such matters have been regulated at the state level by authorities who enjoy broader and more general governmental powers. Meanwhile, at the federal level, OSHA arguably is not even the agency most associated with public health regulation. And in the rare instances when Congress has sought to mandate vaccinations, it has done so expressly. We have nothing like that here.”

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