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Writer's pictureBrandon Wiseman
Jan 13, 20222 min read

Supreme Court strikes down OSHA vaccine mandate for large employers


The U.S. Supreme Court, in its January 13th ruling, halted enforcement of the impending and controversial COVID-19 vaccine mandate issued by the Biden Administration that would have required large employers (i.e., those with more than 100 employees) to ensure workers were either vaccinated or subject to weekly testing.


In its 6-3 ruling, the Court noted that, "Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category."


In a statement issued shortly after the Court's decision, President Biden expressed his frustration with the Court's ruling but observed that "it is now up to States and individual employers to determine whether to make their workplaces as safe as possible for employees, and whether their businesses will be safe for consumers during this pandemic by requiring employees to take the simple and effective step of getting vaccinated."


The Court's decision impacts all industries but is particularly important for highway transportation. The American Trucking Associations, a vocal opponent of the mandate, praised the Court's order:

Today’s ruling by the Supreme Court validates our claim that OSHA far overstepped its authority in issuing an emergency temporary standard that would interfere with individuals’ private health care decisions. Trucking has been on the front lines throughout the pandemic – delivering PPE, medical supplies, food, clothing, fuel, and even the vaccines themselves. Thanks to this ruling, our industry will continue to deliver critical goods, as our nation recovers from the pandemic and we move our economy forward.

Predictably, the Court’s three liberal justices dissented: "When we are wise, we know not to displace the judgments of experts, acting within the sphere Congress marked out and under Presidential control, to deal with emergency conditions," they wrote. "Today, we are not wise. In the face of a still-raging pandemic, this Court tells the agency charged with protecting worker safety that it may not do so in all the workplaces needed. As disease and death continue to mount, this Court tells the agency that it cannot respond in the most effective way possible."


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