Supreme Court to Take Up Biden’s Large Business Vax Mandate

The Supreme Court will hear arguments in the Biden administration’s controversial large business vaccine mandate. 

QUICK FACTS:
  • The nation’s high court will hear in January from the Biden administration and challengers in the mandate that requires businesses to require vaccinations or regular COVID-19 testing for businesses with more than 100 people, according to The Daily Mail
  • The court will also be hearing arguments in the legality of another vaccine requirement that applies to healthcare workers. 
  • Currently, the workplace mandate applying to large businesses is in effect nationwide, while the healthcare worker’s mandate has been blocked in 24 of 50 states. 
  • Supporters of the mandate believe that the increase in Omicron variant diagnosis will bolster the administration’s claim of the mandate’s necessity. 
  • The administration is petitioning the high court to enforce the mandate in the 24 states where healthcare workers have currently seen a reprieve while litigation continues, citing concerns about unvaccinated medical personnel treating Medicare and Medicaid patients. 
WHO’S CHALLENGING THE ADMINISTRATION:
  • There have been challenges from 27 states, primarily those led by Republican administrations, as well as business and other groups.
  • Two religious groups have challenged the mandates, including the Southern Baptist Theological Seminary in Louisville, Kentucky. Business challengers include one from a trade group that represents small businesses called the National Federation of Independent Business.
  • As of early November, all 50 Republican senators were challenging the president’s vaccine mandate  under the Congressional Review Act, according to a press release from Indiana’s Sen. Mike Braun.
  • All told, it’s estimated that 40 other parties are participating in the challenges of the emergency directive handed down by the Occupational Safety and Health Administration (OSHA), according to Restaurant Business.
BACKGROUND:
  • The White House has advised that “people should not wait” to get the vaccine, as White House spokesperson Karine Jean-Pierre said at a press briefing last week. “They should continue to go. Move forward and make sure that they’re getting their workplace vaccinated.”
  • The administration is facing challenges due to the speed at which they’re attempting to implement the OSHA rule, which is typically a seven year process, according to Reuters.

LATEST VIDEO