January 7, 2022
WASHINGTON — Members of the Supreme Court’s conservative majority seemed skeptical on Friday that the Biden administration has the legal power to mandate that the nation’s large employers require workers to be vaccinated against the coronavirus or to undergo frequent testing. A federal workplace safety law, they indicated during a two-hour argument, did not provide legal authority for the sweeping emergency measure.
The court seemed more likely to sustain a separate requirement that health care workers at facilities that receive federal money be vaccinated. That regulation, the subject of a second argument, was in keeping with other kinds of federal oversight and was supported by virtually the entire medical establishment, some justices noted.
The argument concerning large employers was more lopsided.
Chief Justice John G. Roberts Jr. and Justice Neil M. Gorsuch said the states and Congress, rather than a federal agency, were better situated to address the pandemic in the nation’s workplaces. Justice Amy Coney Barrett said the challenged regulation appeared to reach too broadly in covering all large employers.
Read more at The New York Times.