The Biden administration has made vaccine mandates central to its attempts to limit the impact of the COVID-19 pandemic. Or at least it has tried to; various states and other organizations have used the courts to challenge the federal government’s authority to impose these mandates. Last week, the Supreme Court heard arguments regarding two of the most significant mandates: one for all hospital workers issued by the Department of Health and Human Services (HHS), and a second for all employees of large companies issued by the Occupational Safety and Health Administration (OSHA).
By the time the cases were argued before the Supreme Court, the HHS rule was already blocked by a stay issued by a lower court. By contrast, the OSHA rules had seen a lower court lift earlier stays, leaving it on the verge of enforcement.
On Thursday, the Supreme Court issued expedited rules that reflected the tone of the questioning the week before. The OSHA rule is now subject to a stay that blocks its implementation, a decision that saw the court’s three liberal justices issue a dissent. The stay against the HHS rules, by contrast, was lifted, but only by a close 5-4 ruling.
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