Supreme Court Says ‘No’ to Employer Vaccine Mandate

The U.S. Supreme Court ruled last week against President Joe Biden’s vaccine mandate for large employers.

The ruling was in response to a matter filed by a long list of plaintiffs, including the National Federation of Independent Business, against the U.S. Department of Labor, OSHA, and others. The court granted a stay to the OSHA rule that mandated employers with at least 100 employees require workers receive a COVID–19 vaccine or undergo weekly testing.

In a separate matter, the Supreme Court ruled workers at health care facilities that accept Medicare and Medicaid can be required to get vaccinated or undergo regular testing.

President Biden earlier this year ordered OSHA to impose an emergency temporary standard (ETS) that imposed the vax-or-test requirement on employers with 100 or more employees.

A mandate requiring federal contractors and subcontractors to assure workers are vaccinated was not part of this hearing. Enforcement of that order remains blocked by a preliminary injunction.