Roberts and Kavanaugh Side with Liberals, Allow Healthcare Worker Vax Mandate to Stand
The US Supreme Court on Thursday blocked Joe Biden’s OSHA vax mandate for private businesses with 100+ employees.
In a separate, simultaneously released ruling, the highest court of the land – in a 5-4 vote – allowed a similar vaccine mandate for healthcare facilities that receive Medicaid and Medicare to stand.
Conservative Justices Samuel Alito, Neil Gorsuch, Amy Coney Barrett and Clarence Thomas dissented.
“These cases are not about the efficacy or importance of COVID–19 vaccines. They are only about whether CMS has the statutory authority to force healthcare workers, by coercing their employers, to undergo a medical procedure they do not want and cannot undo. Because the Government has not made a strong showing that Congress gave CMS that broad authority, I would deny the stays pending appeal. I respectfully dissent.” Justice Thomas wrote in his dissenting opinion.
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“I do not think that the Federal Government is likely to be able to show that Congress has authorized the unprecedented step of compelling over 10,000,000 healthcare workers to be vaccinated on pain of being fired,” Alito wrote in his dissent.
However, Kavanaugh (Trump appointee) and Roberts sided with the liberals on the court.
“We agree with the Government that the [Health and Human Services] Secretary’s rule falls within the authorities that Congress has conferred upon him,” the majority wrote.
“After all, 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,” the majority opinion read.