Washington — The Supreme Court said Wednesday it will take up legal challenges to President Biden’s COVID-19 vaccine requirements for health care workers and large businesses with at least 100 workers.
In a pair of orders, the court scheduled oral arguments in two sets of cases for January 7, setting a special expedited session for the disputes as the nation confronts a spike in new COVID-19 infections driven by the new, highly transmissible Omicron variant. One set of issues was raised by Republican-led States and business associations. They sought urgent action from the Supreme Court to address OSHA’s requirements for large employers. This came after the Sixth U.S. Circuit Court of Appeals had divided. Circuit Court of Appeals said the rules could take effect. The states, led by Ohio, and business groups, led by the National Federation of Independent Business, argued OSHA lacks the power to issue the vaccine requirement.
The Justice Department, meanwhile, asked the Supreme Court to intervene in separate challenges to its vaccine mandate for health care workers last week after the New Orleans-based 5th U.S. Circuit Court of Appeals, and St. Louis-based 9th U.S. Circuit Court of Appeals and St. Louis-based 8th U.S. allowed rules for medical workers to be blocked in states that were covered by their rulings.
The vaccine requirements were among a series of steps announced by Mr. Biden in September designed to curb the spread of COVID-19 amid a spike in cases driven by the Delta variant, which brought a surge of infections toward the end of summer. Both vaccine requirements have faced a number of legal challenges.
White House Press Secretary Jen Psaki stated that the OSHA testing or vaccination rule protects employers and that CMS’s mandated health care vaccinations ensure that healthcare providers can provide protection for their patients. Both policies are legal and DOJ is confident that they will be vigorously defended at the Supreme Court. “
At the crux of one pair of cases the Supreme Court will hear next month are the rules issued by OSHA in early November, which requires businesses with at least 100 employees to either require their workers to be vaccinated against COVID-19 or be subject to weekly testing and wear face masks. The vaccine-or-test rules was set to take effect January 4, but OSHA said it will not begin issuing citations linked to the standard before January 10 as long as an employer “is exercising reasonable, good faith efforts to come into compliance” with the requirements.
The Biden administration said more than 80 million employees could be impacted by the policies. OSHA estimated the vaccine rules would save more than 6,500 workers’ lives and prevent over 250,000 hospitalizations over the next six months
But the new requirements were swiftly challenged in federal courts from coast to coast and ultimately consolidated in the 6th Circuit, which has 10 judges appointed by Republican presidents and five tapped by Democratic presidents. A split, three-judge panel of the 6th Circuit allowed the Biden administration’s vaccine rules to go into effect. It found that the regulations are not a new expansion of OSHA’s power. Instead it was an existing application to a dangerous and novel worldwide pandemic. Former President Donald Trump appointed Judge Joan Larsen to the bench. The second group of cases centers on the November rule by Centers for Medicare and Medicaid Services that outlined vaccine requirements for employees at many facilities participating in Medicare and Medicaid. Workers covered by the rule were required to receive the first dose of a COVID-19 vaccine by December 6 and be fully vaccinated by January 4. Although there is no daily or weekly option to test for vaccines in the rule, it does allow workers to be fully vaccinated by January 4.
The Biden administration estimated the vaccine mandate will affect more than 17 million employees in roughly 76,000 facilities. Several states have challenged the mandate to vaccine health workers at federal courts, arguing that Health and Human Services Secretary Xavier Becerra violated his authority.
In one case brought by 10 states, a federal district court in Missouri blocked enforcement of the mandate in those places, and the 8th Circuit declined to disturb the lower court’s order. Then, in a separate case brought by 14 states, a federal district court in Louisiana blocked the rule from taking effect nationwide, but the 5th Circuit narrowed the scope of the order to the 14 states that together sued the Biden administration.
The Justice Department asked the Supreme Court to let the administration’s vaccine mandate take effect in the 24 states where its implementation is currently halted.
The Biden administration has defended its vaccine requirements as crucial for protecting workers and patients from COVID-19, especially with the emergence of the Omicron variant. The Centers for Disease Control and Prevention said Omicron has now overtaken Delta as the dominant strain in the U.S., making up more than 73% of cases.
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