We knew this day would come, more sooner than later. The Supreme Court has agreed to hear arguments on President Biden’s vaccine mandates.
On Wednesday, the US Supreme Court announced it will hear oral arguments on two of President Joe Biden’s COVID vaccine mandates – one for private businesses and the other for healthcare facilities – on January 7, 2022, after justices Alito and Kavanaugh considered requests to stay the mandates.
Justice Kavanaugh was petitioned by the challengers to the employer mandate to reverse an appeals court ruling that said the administration could enforce its vaccine-or-testing rules for large companies.
Their decision came in response to an appeal filed after a three-judge panel for the 6th Circuit Court of Appeals reinstated the mandate for large businesses, for employers with 100 or more employees.
The businesses must require their workers to either get vaccinated or face weekly testing for Covid. The Occupational Safety and Health Administration (OSHA) would be the enforcement mechanism for the administration.
The group challenging the mandate includes 27 states with Republican attorneys general or governors, private businesses, religious groups, and national industry associations such as the National Retail Federation, the American Trucking Associations, and the National Federation of Independent Business.
Several lower courts have said that the requirement exceeded the authority Congress had given the secretary, while other judges have backed its legality.
The Biden administration proposed the two rules on Nov. 4, which would together cover more than 100 million U.S. workers. The Centers for Medicare and Medicaid Services required 76,000 health facilities that take Medicare or Medicare payments to ensure their 17 million employees were fully vaccinated.
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