Civic Register
| 1.8.22
Supreme Court Hears Arguments Over Biden’s Vaccine Mandates
Do you support or oppose Biden’s vaccination mandates?
What’s the story?
- The Supreme Court on Friday heard arguments in a pair of cases involving challenges to the Biden administration’s COVID-19 vaccination policies, including the vaccine-or-test mandates for private-sector workers at businesses with at least 100 employees, and for healthcare workers at facilities that receive federal funding.
- Arguments were fast-tracked as emergency petitions after the Fifth Circuit Court of Appeals blocked the vaccine-or-test mandate for private-sector workers pending judicial review and then the Sixth Circuit reinstated the mandate.
- Given the emergency nature of the challenges, it’s likely that the Court will deliver rulings on an expedited basis in a matter of days or weeks, as opposed to waiting until June when most of the opinions will be released for cases argued during the current sitting.
- While oral arguments don’t always indicate how justices will ultimately vote in a given case, the Court’s three liberal justices appeared to agree in large part with both of the Biden administration’s mandates, whereas the six conservative justices seemed more skeptical ― particularly with regard to the private-sector mandate.
What are the mandates?
- The private sector mandate was formulated by the Occupational Health and Safety Agency (OSHA) using an emergency temporary standard (ETS). Under the ETS, private employers with at least 100 workers would have to require employees to either show proof of vaccination or show a negative test once a week, and also give employees time off to get vaccinated. Violators would be fined up to $14,000 for each violation.
- The rarely used ETS process allows OSHA to implement a rule immediately for up to six months without undertaking the standard rulemaking process with opportunities for public comment. OSHA has said it won’t assess fines until January 10th at the earliest.
- The Congressional Research Service (CRS) notes that there have been 10 ETS put forward by OSHA since 1971. Only three ETS weren’t challenged legally (ETS related to asbestos in 1971, vinyl chloride in 1974, and DBCP in 1977), while another one put forward in June by the Biden administration related to COVID-19 is currently undergoing judicial review. Of the six ETS that have been challenged and courts rendered a decision on, four were vacated or stayed by the court, one was partially upheld and partially vacated, and the request for a stay was denied in one case to uphold the ETS for vinyl cyanide in 1978.
- The other mandate was issued by the Dept. of Health and Human Services (HHS) and requires all healthcare workers at facilities participating in Medicare and Medicaid programs to be fully vaccinated against COVID-19 unless they’re eligible for a medical or religious exemption. Lower courts blocked the mandate and the Biden administration appealed to the Supreme Court to allow enforcement pending judicial review.
What did the justices say?
- In the OSHA private sector mandate case, Chief Justice John Roberts ― who may be one of the conservative justices who acts as a swing vote ― said of the administration’s stance that “it’s certainly hard to argue” Congress gave agencies “free reign” to enact such a sweeping regulation.
- Justice Elena Kagan, like the other liberal justices, stated that the mandate is necessary because of the grave circumstances of the pandemic, which she said is “by far the greatest public health danger that this country has faced in the last century.” Kagan said of the rule, “It’s an extraordinary use of emergency power occurring in an extraordinary circumstance, a circumstance that this country has never faced before.”
- Justice Samuel Alito, who seemed to oppose the rule like other conservative justices, likened OSHA’s interpretation of the authority it cited in enacting the private-sector mandate to “squeezing an elephant into a mousehole.” Alito added that this particular rule, unlike most OSHA regulations, applies to employees “all the time” and not just when they’re on the job.
- Justice Sonia Sotomayor joined the other liberal justices in arguing in favor of the rule and claimed, “We have over 100,000 children, which we’ve never had before, in serious condition and many on ventilators.” It’s unclear what data Sotomayor was referencing in that statement, but based on data from the Centers for Disease Control and Prevention (CDC), her claim was inaccurate. CDC tracks hospital admissions for patients with COVID-19 and only 82,843 children in the 0 to 17-year-old age group have been hospitalized between August 1, 2020, and January 5, 2022, far from the 100,000 she claimed are currently severely ill, and children in that age range are still being admitted at lower rates compared to older cohorts.
- In the HHS healthcare worker mandate case, Roberts noted that there was an “acute danger” posed by COVID-19 in healthcare settings that are receiving federal funding through Medicare and Medicaid. He also said there appears to be a closer connection between HHS’s authority and addressing COVID-19 in government healthcare than there is for OSHA in workplace settings.
- In response to an argument by counsel that the HHS mandate will create an undue burden on rural hospitals, Kagan said that HHS has to balance concerns about the workforce with the health of patients and staff at such hospitals and does so in the regulatory process. Kagan asked the counsel whether courts should substitute their own judgment over that of the HHS secretary.
— Eric Revell
(Photo Credit: iStock.com / Inside Creative House)
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Like everything else Biden proposes, I am against this too.
He is trying to protect the people.......from a "deadly" disease that is spreading like wild fire. LISTEN TO YOUR LOCAL NEWS!
People blame Biden for not controlling the pandemic but, if people aren’t going to use the tools provided by the government it’s never going to be stopped.
Stop these illegal mandates and our government of all world government predicated on open public meetings and the legislative process should never employ mandates. In fact England has removed COVID mandates and the fact is and why we initially broke from England was regarding applied mandates upon us here that lead to our forefathers instituting a state of war and to stop mandated authority against we the people of these United States of America.
The unvaccinated are the people who are allowing this virus to continue to mutate!! They should be forced to stay at home in quarantine!
Mandates by the government never seem to work. The easiest way to get everyone vaccinated is for the Insurance companies to say if you are not vaccinated your covid coverage will be limited. Give the insurance companies the authority to raise premiums for those who refuse to be vaccinated. No government subsidies to pay hospital bills for those who are not vaccinated.
Spreading a pandemic deemed virus, is a job hazard and therefore should qualify under OSHA. Scotus got this ruling incorrect. It showed a political leaning instead of the rule of law.
These are no longer supreme justices who serve America. The justices serve as a subset of D. T***p power grab. The most telling about them is the fact nine persons can make policy for all of Americans, just nine people in black robes, there is no real adjudication of law. As a person who has lived 8 generations, and the sadness I feel about the loss of gravitas of the Supreme Court,is unbearably The looming authoritarian change in the mid-term will render the Supreme Court to a small group of disgraced jurists.
United we stand divided we fall we all need to end this pandemic not just some of us
It’s unconstitutional to tell the American people they must inject themselves with a product they do not feel comfortable with, regardless of occupational choice or lack of choice in having to use medicaid. If we enforce as law that any American citizen should have to inject something into their body for any reason, then we must also enforce as law that it is also unconstitutional to kill our most innocent of life with abortion. It’s “my body my choice” until that statement doesn’t fit the Democrats agenda.
Well this question is almost moot as the Court ended the mandate for private companies. This will bring a pile of law suits for those already fired. It will bolster those who are fighting the mandate for federal workers and the military. I support getting vaccinated but I am opposed on mandates. No one should have any business with my medical records!
Will the Supreme Court be our real “Death Panel” or will they help regular Americans stay alive and healthy? I hope they act responsibly and in a way Americans can respect.
The forced mandates are affecting jobs and the economy. And didn’t the SCOTUS rule during the Obama care mandate that the government can not force people to take healthcare. Why does forced vaccination not apply? My body my choice …..
A vaccine mandate is literally the bare minimum. We need another shut down with free masks and tests sent to every household as well as monthly stimulus checks until we beat this thing.
I support, but we must not have many mandates. The need must be carefully concidered.
yes i do support it and their shouldnt be any questions about it that is how polio was stopped , german measiles we r in the 21st century and we did to listen to the science and not the republicans who spread lies and mis information to pad theirr pockets
I believe this covid will continue to ravage our country if these people do not get vaccinated.
I think we can predict with reasonable accuracy that the successful stacking of the Supreme Court so that SCOTUS is no longer an objective, politically independent body will rule against the vaccine “mandate” which, for most, merely means that they must choose between vaccinations or regular testing. I think we can also predict with reasonable accuracy that this SCOTUS will revoke Roe v Wade, increasing the desperation and deaths of women whose access to pregnancy termination is removed and the poverty and misery of single mothers who could not find a way to avoid giving birth and their children. SCOTUS in its current form is shameful and shameless, in my opinion.
I oppose any type of mandate. And all these people who voted yes. If he can mandate that you have to take the vaccination. Then he can mandate anything he wants. And take away more of your freedom. There is no reason for a mandate. More people that had the vaccination, have become infected. Because they believe by taking this shot that they are protected and will not get it so they take a lot more chances. But they are getting this virus. It is happening with relatives and friends. I stay very cautious.With or without the shot you need to be very cautious and what you are doing. Stop whining mandates. The American people are intelligent enough to know what they need to do to protect themselves plus they have their doctors that advise them on the condition of where their body is their doctor is the one who knows. You have a president who is a disaster and every single thing this man has made a mess of everything. If Donald Trump when he was president shut down and oil pipeline in America to buy oil from Russia, he would’ve been accused of collusion with Russia. That didn’t happen when Joe Biden did it. Why not? Everything that Joe Biden is involved in has become a bigger and bigger disaster to our country our southern borders. And now California if all of them go there and I hope they do are going to get free healthcare for all of these immigrants. Where is the money going to come from? The American have to pay for all of our medical expenses we get no help from the government. We have to pay out-of-pocket. And we are the taxpayers. What the hell is going on in our country why are so many people blinded why can’t you see the corruption that is going on in our government.This president is going to put us in worse conditions than America has ever seen before so hang onto your hat because you’re going to need it
Dr Fauci reference a moron, I was wondering which republican? So many to pick from! So far the republicans and maybe some democrats should work for free or should pay the taxpayers that they represent to be their moron. Republicans try to intimidate and marginalization is normal, don’t confuse the republicans with facts. Most are arrogant elitist morons!