Monday, January 17, 2022

Supreme Court blocks Biden’s vaccine-or-test mandate for businesses

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The U.S. Supreme Court on Thursday, which was a major setback for the Biden administration, suspended them from requiring employees of large enterprises to be vaccinated against COVID-19 or to be tested weekly.

In a simultaneous ruling, the Supreme Court allowed a majority of medical personnel to stand for vaccination mandates.

The rulings, made at a time when cases of Omicron-variant COVID-19 were on the rise across the United States, came six days after judges heard evidence in both cases.

The first case concerns an order from the Department of Occupational Safety and Health requiring businesses with at least 100 employees to vaccinate their employees or pass a weekly test.

Opponents of the rule said the agency had overstepped its authority. Scott Keller, a spokesman for the National Federation of Independent Business, told the court that even if OSHA had simply issued a mask mandate, the agency “would not have been able to establish a national COVID rule with emergency rules.”

A conservative majority in the Supreme Court voted 6-3 to block the Biden administration’s vax or test mandate against big business.

A conservative majority in the court concluded that the Biden administration had overestimated its powers in an attempt to establish the OSHA rule. More than 80 million people would have been affected.

“OSHA has never imposed such a mandate. There is no Congress. Indeed, while Congress has passed important laws against the COVID-19 pandemic, it has refused to take any action similar to what OSHA has announced here, ”the Conservatives wrote in an unsigned opinion.

In a separate opinion, three liberals of the court – Judges Stephen Breyer, Elena Kagan and Sonia Sotomayor – argued that the court was overpowering, replacing its verdict with that of health experts.

“The court, acting outside its jurisdiction and without legal grounds, overturns the decisions of government officials who are responsible for responding to workplace emergencies,” judges Stephen Breyer, Elena Kagan and Sonia Sotomayor wrote in a joint protest.

The rule, first introduced by President Biden last fall, has been sharply criticized by Republican lawmakers, and the White House has stressed the importance of vaccinating as many Americans as possible.

President Jo Biden
Biden’s order would have affected nearly 80 million people.

Chief Attorney Elizabeth Preloger supported the rule last week, saying vaccine requirements are “the only effective way to target” a serious illness caused by the virus or its transmission.

The Supreme Court blocked the mandate 6-3.

President Biden said in a statement that he was “disappointed” by the decision to “block healthy requirements to save lives for employees of large enterprises based directly on science and law.”

“The court ruled that my administration cannot use the power given to it by Congress to demand this measure, but it is right for me, as president, to protect the health and economy of Americans from my own vote by employers. it doesn’t stop me from using it to protect what they do, ”Biden added. “I urge business leaders to take immediate action, including joining one-third of Fortune 100 companies and introducing vaccination requirements to protect their employees, customers and communities.”

The court allowed the health workers to continue their mandate.
The court allowed the health workers to continue their mandate.

Former President Donald Trump welcomed the court’s decision.[confirmed] What we all know: Biden’s disastrous mandates are unconstitutional.

“Biden promised to shut down the virus, not the economy, but he failed in both – and the mandates would have further devastated the economy,” Trump added. “We are proud that the Supreme Court has not changed its mind,” he said. There is no mandate! ”

The second rule considered by the court is related to the mandate given by the Medicare and Medicaid Services Centers, which requires that employees of federally funded hospitals, nursing homes, or other health facilities be vaccinated – with some medical or religious exceptions .

During the debate, Judge Brett Kavanaugh noted that most hospitals and medical staff supported the mandate, saying there was a “missing element” in the argument against it.

In their final opinion, the court ruled that the mandate was “fully consistent with the language of the charter,” as opposed to Judges Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Connie Barrett.

“[E]Ensuring that providers take measures to prevent their patients from infecting their patients with the dangerous virus is in line with the basic principle of the medical profession: first, do no harm, ”the court wrote. would be the opposite of effective and efficient management of the desired object. “

Judges also pointed to the history of vaccine requirements in health facilities such as measles, mumps, and rubella.

In a statement, Biden said the court’s decision in the case “saves lives: it saves the lives of patients who seek medical care, as well as the lives of doctors, nurses and others who work there.” We will do it. “

With post wires

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