Supreme Court Blocks Biden Vaccine Mandate for Large Employers, Allows Health-Care Vaccine Requirement

The Supreme Court temporarily suspended the Biden administration’s vaccine-or-test mandate for large employers on Thursday, but allowed the administration’s vaccine mandate for health-care workers at facilities that receive federal funding to go into effect.

In the first case, the conservative majority on the bench ruled to block President Biden’s vaccine requirement for private businesses pending further review by the court. Biden had argued that the order derived authority from the 1971 Occupational Safety and Health Act empowering the federal government to regulate workplace health and safety standards.

However, the case’s per curium, representing the decision of the court, argued that the mandate exceeded its statutory authority and raised separation of powers concerns “in the absence of clear delegation from Congress.” It was inappropriate for the Biden administration to invoke the Emergency Temporary Standard provision of the law since it applies to very “narrow circumstances,” the court said.

Specifically, the Labor Secretary must demonstrate that “employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards” and that the “emergency standard is necessary to protect employees from such danger.” The court said the risk posed by Covid in the workplace failed to meet these prongs.

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