Legal experts and business leaders rejoiced Thursday following news that the Supreme Court had blocked President Joe Biden’s COVID-19 vaccine mandate for private employers.
“The Supreme Court has stood up for small businesses by staying this illegal employer vaccine mandate,” said Alfredo Ortiz, president and CEO of Job Creators Network. “The court has confirmed what JCN has long argued: OSHA [the Occupational Safety and Health Administration] does not have the authority to implement this sweeping regulation that will burden American businesses, including many small businesses, with new costs and exacerbate the historic labor shortage.”
The two court rulings allow the Biden administration’s vaccine mandate for health care workers to remain in place but block Biden from enforcing the vaccine mandate for companies and other organizations with 100 or more employees.
The mandate for businesses comes from the Occupational Safety and Health Administration, an agency of the Labor Department, and was to go into effect Monday.
“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,” the court said in a 6-3 unsigned opinion.
It added: “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.”
The court separately ruled 5-4 to uphold the mandate for federally funded health care facilities.
Judicial Crisis Network President Carrie Severino said in a statement that the court was correct in striking down the mandate, which she called the Occupational Safety and Health Administration’s “power grab.”
“It was disappointing to see Justice Kavanaugh join the court’s majority opinion upholding the CMS [Centers for Medicare & Medicaid Services] mandate,” Severino said. “As Justice Thomas explained in his dissent, joined by Justices Gorsuch, Alito and Barrett: ‘Had Congress wanted to grant CMS power to impose a vaccine mandate across all facility types, it would have done what it has done elsewhere—specifically authorize one.’”
“We’re now seeing a pattern of regulatory overreach from the Biden administration,” Severino added. “Last year the court described the [Centers for Disease Control and Prevention’s] stretching of the Public Health Service Act to enact its eviction moratorium [as] ‘unprecedented’ and ‘a wafer-thin reed on which to...
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3 comments:
I do not understand how the sc can say no to one and yes to the other. They are choosing politics over legal function. They need to be disbanded, and rebuilt. Allow people to be able to apply for recall for judges who go astray. I promise, Wade v. Roe, this, Zerocare, and many other rulings wouldn't happen if they had to fear the people. As is, they don't give a shit what Americans think, believe, or else. Oh, and "gay marriage" too, that shit wouldn't have happened.
The supreme court is defunct. Needs to be... revisited, with limits by and for the people.
And what do you call it when ONE MAN can dictate the "RULES" for the entire country ?? I'm sure there's a name for it...
The SCOTUS should not have ruled that the government could dictate vaccine mandates period. It is clear that SCOTUS is no longer following the Constitution.
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