January 21, 2022 | less than a minute read

Vaccination or Test Rule Struck Down by SCOTUS

Associate Attorney

SCOTUS ruled today that an emergency rule issued by OSHA mandating that any private employer with at least 100 employees either adopt a COVID-19 vaccination mandate or require weekly tests cannot go into effect. The court majority said that while OSHA has the power to regulate occupational dangers, it has not been given power by Congress to regulate public health more broadly.

SCOTUS also issued an order giving the federal government the ability to enforce a separate workplace vaccination rule by CMS.

The U.S. Supreme Court slammed the brakes Thursday on a Biden administration vaccine-or-testing rule for private businesses with at least 100 employees, but let a stricter yet narrower rule aimed at the health care industry take effect nationwide.