Supreme Court Blocked Biden’s Mandate for Private Businesses, Let Healthcare Mandate Stand

In a 6–3 ruling, the Supreme Court blocked Biden’s mandate for private businesses, while at the same time allowed the separate mandate for healthcare workers to go through by a 5-4 vote. It’s a win for private businesses with 100 employees or over, IF the businesses will heed the ruling. There have already been thousands of workers removed from their jobs. The healthcare worker mandate affects nearly 17 million workers, but Missouri AG Eric Schmitt stated that the case will continue with litigation.

The Supreme Court blocked Biden’s OSHA mandate

Applicants are likely to succeed on the merits of their claim that the Secretary lacked authority to impose the mandate. Administrative agencies are creatures of statute. They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no ‘everyday exercise of federal power.’ It is instead a significant encroachment into the lives—and health—of a vast number of employees…

Although COVID-19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID-19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.

Supreme Court ruling (majority) – The Epoch Times

The entire group of conservative-leaning justices voted to block the business mandate. The ruling should stop businesses from mass firings, but in the current political climate in America it is unknown if that will occur.

Where a rift emerged was when the justices took up the mandate for healthcare workers. Justices Roberts and Kavanaugh joined with the Democrats on the healthcare case, saying that the mandate “fits neatly in the statute.” It doesn’t fit “neatly” to have thousands of healthcare workers lose their jobs. The worker shortage is seriously affecting US healthcare, and in some states, National Guard medical staff has been called up to fill in the gaps. On Thursday, Biden sent 120 Active Duty Military Medical troops to help as well. (Stars and Stripes)

The rule thus fits neatly within the language of the statute. After all, ensuring that providers take steps to avoid transmitting a dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm. It would be the ‘very opposite of efficient and effective administration for a facility that is supposed to make people well to make them sick with COVID-19

Supreme Court on the healthcare mandate

Justice Thomas dissented on the healthcare mandate.

These cases are not about the efficacy or importance of COVID-19 vaccines. They are only about whether CMS has the statutory authority to force health care workers, by coercing their employers, to undergo a medical procedure they do not want and cannot undo. Because the Government has not made a strong showing that Congress gave CMS that broad authority, I would deny the stays pending appeal. I respectfully dissent.

Justice Clarence Thomas

Both cases are remanded back to the appeals courts for disposition.

H/T Uncle Sam’s Misguided Children


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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. She has been writing at Conservative Firing Line since 2013 as well. She is also a published author.

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