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January 14, 2022

SCOTUS blocks Biden’s workplace vaccine mandate

scotusThe U.S. Supreme Court Thursday blocked enforcement of the Biden administration’s COVID-19 vaccine-or-test mandate for workers at large businesses by a 6-3 vote. According to the Court’s opinion, the mandate is a “significant encroachment into the lives—and health—of a vast number of employees.”

The mandate required employers with 100 or more employees to have a policy requiring either that employees be vaccinated, allowing exemptions for medical, disability, or religious reasons, or be subject weekly testing for those that are not vaccinated. Since its issuance, the mandate has been met with opposition through several ongoing court cases around the country, with some alleging that the administration overstepped its constitutional authority to issue the mandate.

Of note, the court allowed enforcement of a similar mandate for health care workers at facilities receiving federal funds to be vaccinated by a 5-4 vote.

“The mandate, which employers must enforce, applies to roughly 84 million workers, covering virtually all employers with at least 100 employees,” wrote the Court. “The Occupational Safety and Health Administration (OSHA) has never before imposed such a mandate. Nor has Congress.” Specifically, the Court explained that the Occupational Health and Safety Act of 1970 did not explicitly authorize the Secretary of OSHA to issue such an emergency mandate regarding broad public health measures and OSHA is instead tasked with regulating occupational hazards in the workplace.

Read the Supreme Court’s ruling. NAFCU will continue to monitor the actions of SCOTUS, the Department of Labor, and OSHA and keep members up-to-date on the latest news via NAFCU Today.