The Supreme Court blocked the Biden rule on mandatory vaccination: the White House was accused of abuse of power - ForumDaily
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Supreme Court Blocks Biden's Mandatory Vaccination Rule: White House Accused of Abuse of Authority

On January 13, the U.S. Supreme Court overturned the Biden administration's ruling on vaccines or tests for employees of large companies, saying the Occupational Safety and Health Administration (OSHA) had overstepped its authority, reports NPR.

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But the court upheld a ruling issued by the Centers for Medicare and Medicaid Services (CMS) that requires almost all employees of hospitals, nursing homes and other federally funded healthcare providers to be vaccinated.

In voting to invalidate a provision on a vaccine or a test, the judges were divided: 6 to 3.

"While Congress undeniably gave OSHA the power to regulate occupational hazards, it did not give that agency the authority to regulate public health in a broader sense," the majority said. “The requirement to vaccinate 84 million Americans, chosen simply because they work for employers with more than 100 employees, certainly falls into the second category.”

Justices Stephen Breuer, Sonia Sotomayor and Elena Kagan, three liberals of the court, disagreed. In a conclusion written by Breuer, they stated that the conservative majority "misapplies legal standards and in doing so confounds the federal government's ability to address the unprecedented threat that COVID-19 poses to our nation's workers."

The ruling, overturned by the court, was to apply to an estimated 84 million private sector workers and required all businesses with 100 or more employees to either get vaccinated and the federal government pay the bill or be tested weekly.

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The decision to invalidate the ordinance was taken against the background of a sharp increase in the number of cases of COVID-19 infection. Earlier this week, a record 1,4 million new cases were reported in a single day. Hospitals across the country are full, mostly with unvaccinated patients. The situation was serious enough to prompt some governors to call in the National Guard for help, even as the governors of some other Republican-dominated states declared vaccination bans.

In a statement, President Biden said he was "disappointed that the Supreme Court chose to block vital common sense requirements for employees of large businesses that were based on both science and law."

The president said his administration's various vaccination demands have saved lives, and he urged "business leaders to immediately join those who have stepped up, including a third of the Fortune 100 companies, in putting in place vaccination requirements to protect their workers, customers and communities."

The court upheld the mandate for medical workers

Unlike the OSHA decision, the court voted 5 to 4 in CMS to uphold mandatory vaccinations for Medicare and Medicaid providers. The three liberals of the court were joined by Chief Justice John Roberts and Justice Brett Kavanaugh.

The court said the mandate to vaccinate healthcare workers, unlike the OSHA ruling, was justified as the kind of detailed rules that the Centers for Medicare and Medicaid Services have long established as a condition for health care providers receiving federal funds.

In addition, the court said the ruling serves to protect patients from increased risk when they are in hospitals, nursing homes, rehabilitation centers, outpatient surgical care centers and other similar medical facilities.

“Thus, this rule clearly fits into the wording of the law. In the end, ensuring that healthcare providers take steps to avoid transmitting a dangerous virus to their patients is consistent with a fundamental principle of the medical profession: first, do no harm,” the court said.
“It would be very strange for an institution that has to treat people for their patients to get sick with COVID-19,” the majority said, noting that in many institutions that do not have a vaccination mandate, “35% or more of employees remain unvaccinated.”

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Judges Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett disagreed. All four signed two separate disagreements.

“These cases are not about the effectiveness or importance of COVID-19 vaccines. They only concern whether CMS has the legal authority to force healthcare workers and force their employers to undergo a medical procedure that they do not want and cannot cancel,” Thomas wrote in his dissent.

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Miscellanea In the U.S. Supreme Court compulsory vaccination occupational Safety and Health
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