The Supreme Court is considering whether to stop vaccine and mask mandates from going into effect while the lower courts consider their constitutionality, which could take several months.
and attorneys general from 27 states are suing to stop the Occupational Safety and Health Administration from mandating that companies with more than 100 employees require their workers to get vaccinatedwear masks and submit to weekly COVID tests. As Sonia Sotomayor noted, this is not a vaccine mandate, since it presents a choice between vaccines and masking/testing. OSHA estimated that 40 percent of employers would opt for the mask-and-test policy.
Pursuant to its authority under the Occupational Health and Safety Act, OSHA issued an “emergency temporary standard” to protect workers from viruses that pose “a grave danger.” U.S. Solicitor General Elizabeth Prelogar told the court, “Workers are getting sick and dying every day because of their exposure to the virus at work. OSHA amassed substantial evidence of widespread workplace outbreaks across industries.” She said unvaccinated workers have a 1-in-14 chance of being hospitalized and a 1-in-200 chance of dying.
Kagan queried, “Why isn’t this necessary to abate a grave risk? This is a pandemic in which nearly a million people have died. It is by far the greatest public health danger that this country has faced in the last century. More and more people are dying every day. More and more people are getting sick every day.” Kagan noted that nearly a million people have died from COVID.
Chief Justice John Roberts said Congress did not specifically give OSHA power to impose a vaccine or test mandate and that OSHA had never before mandated vaccines.
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