Supreme Court Blocks Vaccine-or-Test Requirement; Allows Vaccine Mandate to Stand for Medical Facilities


Published on January 13 2022 6:39 pm
Last Updated on January 14 2022 6:26 am
Written by Greg Sapp

Supreme Court Vaccine 2022

The US Supreme Court Thursday blocked the Biden Administration from enforcing its sweeping vaccine-or-test requirements for large private companies, but allowed a vaccine mandate to stand for medical facilities that take Medicare or Medicaid payments.

The rulings came three days after OSHA's emergency measure for businesses started to take effect.

The mandate required that workers at businesses with 100 or more employees get vaccinated or submit a negative COVID test weekly to enter the workplace. It also required unvaccinated workers to wear masks at work.

The Court wrote in an unsigned opinion "although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly." The opinion added, "Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category."

Commenting on the ruling, State Senator and candidate for governor Darren Bailey said, "Today's SCOTUS ruling confirms what we knew all along. Biden's vaccine mandate on businesses is unconstitutional."

In the 5-4 ruling allowing for a requirement for vaccinations for health care workers, the majority wrote, "Ensuring that providers take steps to avoid transmitting a dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm."

President Biden, in a statement, said the vaccine requirement for health care workers will save the lives of patients, doctors and nurses. Of the mandate, Biden said, "We will enforce it."