OSHA, the federal agency in charge or workplace safety, has lost a portion of its Supreme Court battle to protect some 84 millions workers, in the midst of a national swell in Coronavirus cases.
The High Court halted the Bide Administration's vaccine mandate for businesses with over 100 employees in a 6-3 decision on Thursday. The conservative majority ruled that the agency did not have legal authority to bind workers to the regular testing or vaccination rule.
However, the mandate will be enforced for most healthcare workers. Healthcare facilities that accept federal funds (i..e., Medicare or Medicaid) must comply with the requirement.
In the opinion responding to the challenge, the court explained, "The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is clear: Under the law as it stands today, that power rests concurring with the States and Congress, not OSHA. In saying this much, we do not impugn the intentions behind the agency’s mandate. Instead, we only discharge our duty to enforce the law’s demands when it comes to the question who may govern the lives of 84 million Americans."
The liberal judges argued that the court was over-reaching the authority of health experts. “Acting outside of its competence and without legal basis, the Court displaces the judgments of the Government officials given the responsibility to respond to workplace health emergencies,” Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor wrote in a joint dissent. They argued that President Joe Biden's mandate was in the best interest of the public.
The mandate was mainly challenged by Republican run states.
OSHA had estimated that the rule would save 6,500 lives and prevent 250,000 hospitalizations over six months according to the Associate Press.
Pres. Biden said he is disappointed in the decision but pleased many employees did get tested and vaccinated in advance of the decision.
The OSHA mandate was halted three days after it took affect.
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