Roberts and Kavanaugh on left-handed side, allow Vax mandate for healthcare workers to be maintained
The US Supreme Court on Thursday blocked Joe Biden’s OSHA vax mandate for private companies with more than 100 employees.
In a separate ruling, issued simultaneously, the nation’s highest court, on a 5-4 vote, allowed a similar vaccination mandate to be upheld for healthcare facilities receiving Medicaid and Medicare.
Conservative Justices Samuel Alito, Neil Gorsuch, Amy Coney Barrett and Clarence Thomas disagreed.
“These cases have nothing to do with the efficacy or importance of vaccines against COVID-19. It is just a question of whether CMS has the legal authority to force healthcare workers, by coercing their employers, to undergo a medical procedure that they do not want and cannot undo. Because the Government has not conclusively demonstrated that Congress granted CMS such broad authority, it would deny the suspensions pending appeal. I respectfully disagree ”. Judge Thomas wrote in his dissenting opinion.
TRENDS: LAST MINUTE: Supreme Court Blocks Biden’s OSHA Vax Mandate for Private Businesses in a 6-3 Vote
“I do not believe that the Federal Government can demonstrate that Congress authorized the unprecedented step of forcing more than 10,000,000 health workers to be vaccinated under penalty of being fired,” Alito wrote in dissent.
However, Kavanaugh (Trump appointee) and Roberts sided with lefties on the court.
“We agree with the Government that the [Health and Human Services] The secretary’s rule is within the powers conferred on him by Congress, ”the majority wrote.
“After all, ensuring that providers take steps to avoid transmitting a dangerous virus to their patients is consistent with the fundamental tenet of the medical profession: First, do no harm,” said the majority opinion.