skip to Main Content

SCOTUS Blocks OSHA Shooting Warrant and Allows Health Care Worker Warrant | national news

The US Supreme Court, in a 6-3 opinion, blocked the Biden administration’s vaccine or test requirement for companies with more than 100 employees, but in a 5-4 opinion, the High Court authorized authorized shooting warrant for Medicare and Medicaid health care facilities and workers.

In National Federation of Independent Business v. Department of Labor, the Supreme Court ruled 6 to 3 that the Occupational Safety and Health Administration (OSHA) had no authority to impose a vaccination requirement on employers.

The court said COVID-19 “is not an occupational hazard” in most workplaces. The Court issued a stay on OSHA’s warrant that will remain in effect throughout the ongoing litigation and will continue if a cert petition is granted in the future until the case is finally decided.

Judges Breyer, Sotomayor and Kagan disagreed with the decision to prevent OSHA from requiring all large company workers who are not vaccinated “to submit [weekly] Testing for COVID-19 and wearing a face covering at work.

If allowed to come into force, it would have forced all large companies to require proof of a negative COVID-19 test at least once a week or proof of vaccination from every worker or face heavy penalties. fines.

The Court wrote in an unsigned opinion: “OSHA has never imposed such a mandate. Neither does Congress. Indeed, although Congress has enacted significant legislation regarding the COVID-19 pandemic, it has refused to enact any measures similar to what OSHA has enacted here…Although Congress has unquestionably given OSHA the power to regulate occupational hazards, it did not give this agency the power to regulate public health more broadly.

In a 5-4 decision in Biden v. Missouri, the Court lifted the stay of lower court injunctions issued against the Medicare and Medicaid mandate issued by the Secretary of Health and Human Services in federally funded health care facilities. In other words, the Court allowed the Medicare and Medicaid mandates to go into effect pending ongoing litigation and any future certification applications that may be filed. Justices Thomas, Alito, Gorsuch and Barrett dissented in the opinion.

The mandate for healthcare workers was issued in November by the Centers for Medicare and Medicaid Services (CMS) within the Department of Health and Human Services (HHS) and requires facilities that receive Medicare or Medicaid funding to require that workers receive the COVID injection with no test opt-out.

Justice Alito wrote in his dissent: “Today’s decision will affect the decision-making process of administrative agencies in the future. Executive power already touches nearly every aspect of American life. By concluding that CMS had good reason to avoid developing notice-and-comment rules, the Court shifts the presumption against compliance with the unelected agency’s procedural restrictions to those it regulates. Neither the CMS nor the Court articulates a limiting principle as to why, after an unexplained and unwarranted delay, an agency can first regulate and then listen, then put more than 10 million health care workers to choose their jobs or irreversible medical treatment.

The dispute over the two warrants will continue in the lower courts. In addition, healthcare workers are always entitled to religious accommodations in the workplace.

Liberty Counsel Founder and Chairman Mat Staver said, “While I am glad the OSHA mandate has been blocked, the Medicare and Medicaid mandate for healthcare workers will cause great damage. This mandate will lead to a shortage of skilled healthcare workers at a time when we need them most.

“This mandate is abusive. This is no way to treat our healthcare heroes. Healthcare workers should continue to push for medical and religious exemptions. We will continue to fight for healthcare workers against these mandates. »

The Court noted that “although COVID-19 is a hazard that occurs in many workplaces, it is not an occupational hazard in most. COVID-19 can and does spread at home, in schools, at sporting events, and anywhere else people gather. This type of universal risk is no different from the everyday dangers that everyone faces due to crime, air pollution or any number of communicable diseases.

John W. Whitehead, President of the Rutherford Institute, said: “These decisions reinforce the current messy situation regarding these COVID-19 vaccine mandates. As COVID-19 cases rise even among the vaccinated, calling into question the effectiveness of vaccines and boosters, government and private employers must reconsider the high-handed nature of these mandates, which violate every constitutional provision protecting privacy, physical integrity and religious freedom”.

In November 2021, OSHA issued a temporary emergency standard ordering large businesses with 100 or more workers to require their employees to receive a COVID-19 vaccination or obtain weekly negative coronavirus test results, at their own expense. expenses and on their own time, and wear face coverings at work.

OSHA’s rule, which was due to go into effect Jan. 4, 2022, affects more than 80 million workers. A similar mandate, issued by HHS, requires that more than 10 million healthcare workers at 76,000 facilities that receive federal Medicare and Medicaid funding be vaccinated against COVID-19.

Although healthcare workers were not given the choice of getting tested as an alternative to vaccination, they have the option of applying for a religious or medical exemption.

US Senator Bill Hagerty (R-TN) said, “Private business owners and workers can breathe a little easier today following this Supreme Court ruling. It was a victory for the rule of law, serving as a constitutional check on an administration that has admitted it lacks the power to impose this mandate before doing so anyway for political gain.

“I have encouraged people in Tennessee to seriously consider getting vaccinated, but each person has the right to make that personal choice. This decision protects that right and countless jobs and livelihoods.

Americans for Limited Government President Rick Manning said, “The Supreme Court is right to stop the Biden OSHA vaccine mandate that would have potentially put millions of Americans out of work. The Commerce Clause of the US Constitution is not a blank check for the federal government to regulate every aspect of American life and it is a relief that the Supreme Court recognizes this fact.

“On the other hand, it is disappointing that the Court has ruled that hospitals and other health care systems that take Medicare and Medicaid are subject to intrusive federal regulations that impact their ability to provide health care services. at a time when we have a health workforce crisis.

“By requiring doctors, nurses, social workers and other healthcare workers to comply with a federal vaccine mandate, the Court is treating these workers as second-class citizens because of the important role they play in the pandemic.

“Additionally, Judge Elena Kagan’s comments that if you’re federally funded, you should be federally controlled, should galvanize congressional efforts to weed out the root and branch of Obamacare.

“President Biden has the power of the bully pulpit and can seek to lead by using it. Instead, Biden has attempted to heavily weaponize the American people to comply, wasting precious months in a pandemic and using the authoritarian power of the administrative state, which is a cautionary tale of sanity for which the struggle for limited government is more important than ever. OSHA’s mandate may be dead, but the federal power over health care is alive and well.

The Daily Wire filed the country’s first lawsuit against the warrant.

Daily Wire Co-Founder and Co-CEO Jeremy Boreing said, “Today’s Supreme Court decision is a resounding victory for the American people and our founding idea that this is a government limited to the powers listed that exists to protect, not erode, our God-given freedoms.

More than a million Americans have signed the Daily Wire’s petition urging the Supreme Court to declare the Biden administration’s vaccine mandate unconstitutional.

The High Court restored the national stay won by Louisiana grocery store owner Brandon Trosclair, owner of BST Holdings LLC, and a group of Texas employees represented by the National Liberty Justice Center and the Pelican Institute, based in Louisiana.

Patrick Hughes, president and co-founder of the Liberty Justice Center, said, “Today’s ruling represents a monumental victory for all Americans and a reminder that the Biden administration and the federal government cannot rule by fiat. executive. The Supreme Court saw this mandate for what it really is: an attempt to circumvent Congress and the will of the American people.

“This mandate represented the most egregious overreach of the federal government in a generation, and every American owes Brandon Trosclair and the other courageous plaintiffs in this lawsuit a debt of gratitude for fighting to protect their rights. Today’s decision is a clear victory for basic American rights and the rule of law.

Trosclair employs nearly 500 people at 16 grocery stores in Louisiana and Mississippi. His lawsuit, BST Holdings v OSHA, was filed in November and was responsible for the initial suspension of the federal vaccination mandate at that time.

Trosclair said, “Today’s victory should be celebrated by all Americans. I filed this lawsuit because I felt it was my duty to stand up for my employees, business owners, and my fellow Americans to block this illegal warrant and protect our rights. I am relieved that this relentless government intrusion into our lives and businesses is now being rebuffed by our highest court, and I am humbled and honored to have played a part in this pivotal moment in history.

Back To Top