Supreme Court Justices Voice Skepticism Over Federal Vaccine Mandates
In a special session Friday, the justices heard arguments in two cases related to the Biden administration's efforts to require covid vaccinations in the workplace. Based on their questions and remarks, there are signals that the conservative-led Supreme Court may allow the health care worker mandate to go forward as legal challenges play out, but that it may block the vaccinate-or-test rule for many private businesses.
Modern Healthcare:
Supreme Court May Let Healthcare COVID-19 Shot Mandate Move Forward
The majority of Supreme Court justices on Friday seemed willing to let the federal government’s healthcare worker COVID-19 vaccine mandate go into effect while appeals continue in lower courts. But justices seemed more skeptical of the Labor Department’s ability to require a broad requirement for staff at primarily non-healthcare businesses to be vaccinated or get tested weekly, with Chief Justice John Roberts questioning if the federal government is trying to work around state and congressional powers through the requirement. The Labor Department’s Occupational Safety and Health Administration is set to begin enforcement of its own non-healthcare-specific rule on Monday, though employees won’t be required to get vaccines or weekly tests until Feb. 9. The tight deadline means the Supreme Court could issue rulings as soon as Friday evening. (Goldman, 1/7)
NPR:
Supreme Court's Conservatives Cast Cloud Over Vaccine-Or-Test Mandate For Businesses
The Biden administration contends that under the 1970 Occupational Safety and Health statute, it was obligated to act. After all, COVID-19 has already claimed more than 800,000 lives in the United States and sickened 50 million more, many with lasting effects. But at Friday's argument, the OSHA regulation ran into a conservative buzz saw. Right off the bat, Chief Justice John Roberts cast doubt on the regulation, declaring: "This is something the federal government has never done before." (Totenburg, 1/7)
KHN:
Supreme Court Weighs Biden’s Workplace Vaccine Requirements
Notably, Friday’s arguments were held in a Supreme Court chamber with even stricter anti-covid rules than those at issue. The court is closed to most members of the public, masks are required for everyone other than the justices, and lawyers and journalists must maintain physical distance and have negative tests. As the omicron variant surges in Washington, D.C., Justice Sonia Sotomayor, who has diabetes, opted to participate remotely from her chambers at the court. Also participating remotely were two of the six lawyers, including Ohio Solicitor General Benjamin Flowers, who tested positive for covid after having a mild case over the holidays. (Rovner, 1/7)
CNN:
Two Attorneys Challenging Vaccine Mandates Appear At SCOTUS Virtually Due To Covid Protocols
Two attorneys from states challenging the Biden administration's vaccine and testing mandates participated in oral arguments at the Supreme Court remotely Friday due to the court's Covid-19 protocols. In addition, Justice Sonia Sotomayor took part from her chambers, but she is not ill, the court said. (de Vogue and Sneed, 1/7)
In related news about the federal mandate —
Government Executive:
As Postal Service Eyes Supreme Court On Vaccine Mandate, It Prepares To Help Send COVID-19 Tests To Americans
USPS is watching the case with a careful eye, as it recently warned the Occupational Safety and Health Administration that implementing the rule at the wrong time could have “catastrophic” results. Should the mandate survive the Supreme Court, USPS is seeking a 120-day exemption from its enforcement. (Katz, 1/7)
The Hill:
Federal Agencies Prepare To Act Against Unvaccinated Employees
Federal government agencies are preparing to take increasingly harsh steps against unvaccinated employees in order to implement President Biden’s COVID-19 vaccine mandate for federal workers. Some agencies plan to send letters warning of possible suspensions to employees who have not complied with the mandate. Many are also prepared to fire employees who don’t follow the rule, though such moves would be further down the road. (Gangitano and Chalfant, 1/9)
AP:
Louisiana Supreme Court Upholds Employer Vaccine Mandate
The Louisiana Supreme Court on Friday unanimously upheld a COVID-19 vaccine mandate for the state’s largest healthcare system. The ruling was handed down the same day that the U.S. Supreme Court heard arguments about the Biden administration’s order for companies with at least 100 employees to require vaccination or testing. (McConnaughey, 1/7)
Bloomberg:
Citi Confronts Vaccine Holdouts in No Jab, No Job Mandate
Citigroup Inc. was the first major Wall Street bank to impose a strict Covid-19 vaccine mandate: Get a shot or face termination. With its deadline fast approaching, the company is preparing for action. Office workers who don’t comply by Jan. 14 will be placed on unpaid leave, and their last day of employment will come at the end of the month, according to a message to staff seen by Bloomberg. While some of the employees will be eligible for certain year-end bonus payments, they’ll have to sign an agreement that states they won’t pursue legal action against the company to receive the funds, according to the message. (Surane, 1/7)
Axios:
Arkansas Governor: Big Businesses Shouldn't Comply With Vaccine Mandate
Arkansas Gov. Asa Hutchinson (R) said large businesses should not comply with the Biden administration's "oppressive" mandate for COVID-19 vaccinations or testing that's due to take effect Monday. Hutchinson told CNN's "State of the Union" Sunday the requirement "needs to be struck down" and urged Arkansas businesses with 100 or more employees affected by it to wait for the Supreme Court ruling on the matter. (Falconer, 1/9)
