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Supreme Court blocks COVID-19 rule for businesses

The US Supreme Court blocked the Biden administration's COVID-19 vaccine-or-test rule for businesses but allowed the vaccine mandate for most healthcare workers last night.

On Thursday, the US Supreme Court ruled 6-3 that the Biden administration cannot move forward with its COVID-19 vaccine-or-test requirement for large workplaces. The court will allow, however, a vaccine mandate for workers at federally funded health care facilities to take effect nationwide.

The court’s orders Thursday during a spike in coronavirus cases was a mixed bag for the administration’s efforts to boost the vaccination rate among Americans.


The court’s conservative majority concluded the administration overstepped its authority by seeking to impose the Occupational Safety and Health Administration’s vaccine-or-test rule on U.S. businesses with at least 100 employees. More than 80 million people would have been affected.

“OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here,” conservatives wrote in an unsigned opinion.

In dissent, the court’s three liberals argued that it was the court that was overreaching by substituting its judgment for that of health experts.

“Acting outside of its competence and without legal basis, the Court displaces the judgments of the Government officials given the responsibility to respond to workplace health emergencies,” Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor wrote in a joint dissent.


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