Supreme Court To Review Biden Vaccine Rules For Health Workers, Private Businesses
The Supreme Court justices will hear arguments in a special session Friday that will influence the federal government's ability to require covid vaccinations and masking. At specific issue are a CMS regulation that mandates vaccinations for most health workers and an OSHA rule that would set a vaccinate-or-test requirement for millions of private workers.
AP:
Supreme Court Weighs Vaccine Rules Affecting More Than 80M
The Supreme Court is taking up two major Biden administration efforts to bump up the nation’s vaccination rate against COVID-19 at a time of spiking coronavirus cases because of the omicron variant. The justices on the conservative-oriented court are hearing arguments Friday about whether to allow the administration to enforce a vaccine-or-testing requirement that applies to large employers and a separate vaccine mandate for most health care workers. The arguments were expected to last at least two hours. (Sherman and Gresko, 1/7)
NPR:
Vaccine Mandate Regulations Are Under The Supreme Court's Microscope
At the heart of Friday's argument are two new federal regulations issued to deal with the pandemic. One, issued by the Occupational Safety and Health Administration applies to all companies that employ 100 or more workers. That's nearly two-thirds of the private sector workforce. It requires that all workers be vaccinated or tested weekly, and that the unvaccinated wear masks. The only exceptions are employees who work at home or outside. The rule is being challenged by a coalition of large and small business groups, 27 states, and individuals. (Totenberg, 1/7)
NBC News:
Supreme Court To Consider Biden Vaccine And Mask Requirements In Unusual Friday Session
In recent months, the court has declined to block vaccination mandates for students at Indiana University, teachers in New York, and health care workers in Maine, Massachusetts and New York. Those were rules imposed by states, which have broader authorities known as police powers to protect public health. But in the last term, the court said federal law did not permit the Centers for Disease Control and Prevention to impose a nationwide ban on evictions. The cases to be heard Friday involve the specific authorities of two other federal agencies. (Williams, 1/7)
In related news about the federal vaccine mandate —
The Hill:
Appeals Court Upholds Decision To Temporarily Block Vaccine Mandate For Contractors In Three States
An appeals court upheld a decision to temporarily block a vaccine mandate for federal contractors in three states in a ruling issued on Wednesday. The U.S. Court of Appeals for the 6th Circuit said in their ruling that they were denying a request by the government to stay an injunction on a vaccine mandate for federal contractors in three states — Ohio, Tennessee and Kentucky — “because the government has established none of the showings required to obtain a stay.” (Vakil, 1/6)
The Hill:
Navy Removes First Group Of Sailors To Refuse COVID-19 Vaccine
The Navy has discharged a group of 20 sailors who refused to get the COVID-19 vaccine, the first to be removed following the service’s Nov. 28 deadline for sailors to get the shots. All 20 had recently enlisted and were booted as part of “Entry Level Separations,” removals that take place “during initial training periods within their first 180 days of active duty,” according to a Navy statement released Wednesday. (Mitchell, 1/6)
Modern Healthcare:
Florida Regulator Threatens Fining Hospitals With COVID-19 Vaccine Mandates
A Florida agency that regulates hospitals is warning providers against implementing COVID-19 vaccine mandates for employees, citing a state law that forbids such rules and levies hefty fines on offenders. The state's Agency for Health Care Administration, which oversees hospitals and other healthcare facilities, sent a notice to providers Jan. 4 reminding them of a state law that prohibits private employers from imposing COVID-19 vaccine mandates. This puts providers in a tricky spot, as complying with Florida law would mean being out of compliance with two Biden administration vaccine mandates, both of which are in the midst of legal challenges. (Bannow, 1/6)
