The court holds a 6-3 conservative majority, the line of questioning Friday suggesting conservative justices are skeptical the government has power to impose broad Covid-19 vaccine regulations.
QUICK FACTS:
- The U.S. Supreme Court heard arguments Friday during an hours-long public session to decide whether the U.S. government can enforce the Biden administration’s sweeping Covid-19 vaccine requirements that would affect nearly 100 million workers.
- Justices heard oral arguments over federal vaccine and testing rules for businesses with 100 employees or more, and on vaccine mandates for health care workers at facilities receiving Medicaid and Medicare funding, Fox News reports.
- Several Republican-led states, business coalitions, religious groups, and other opponents have criticized Biden’s mandates as a federal “power grab” that intrudes on their autonomy, saying such sweeping rules cannot be imposed absent specific congressional action.
- Even left-leaning CNN is of the opinion that the “Supreme Court appears poised to block Biden’s vaccine and testing rules for businesses.”
- NFIB attorney Scott A. Keller argued that “OSHA’s economy-wide mandate would cause permanent worker displacement rippling through our national economy, which is already experiencing labor shortages and fragile supply lines. OSHA has never before mandated vaccines or widespread testing.”
WHAT CONSERVATIVE JUSTICES SAID:
- “Two of President Donald Trump’s nominees, Gorsuch and Brett Kavanaugh, questioned whether a federal agency could issue a regulation with such vast economic and political significance without the clear authorization of Congress,” CNN reports.
- Justice Brett Kavanaugh noted that Congress had yet to pass any type of vaccine statute, Fox notes.
- “This is something the federal government has never done before,” Chief Justice Roberts said.
- Justice Amy Coney Barrett argued the mandate was too broad scope.
- Justice Clarence Thomas suggested that the federal government may have greater powers during the pandemic.
- Justice Alito went on to ask Solicitor General Elizabeth Prelogar about vaccine side effects.
NOTABLE QUOTE FROM JUSTICE ROBERTS:
“It seems to me that the government is trying to work across the waterfront and it’s just going agency by agency,” said Justice Roberts.
WATCH THE ARGUMENTS:
BACKGROUND:
- Enforcement of the COVID mandate policies announced in November has been put on hold pending resolution in the high court, Fox News notes.
- The high court has the option to order a stay of enforcement of the mandate.
- A ruling could come down as early as Friday or over the weekend, with a more complete written ruling explaining its decision likely coming later.
