“The mandate is aimed directly at protecting the unvaccinated from their own decisions,” she wrote. “Vaccines are freely available and unvaccinated people can protect themselves at any time.”
The Coronavirus Pandemic: Important Things You Should Know
In the Supreme Court case, National Federation of Independent Business vs. Department of Labor, No. 21A244, the challengers argued that the regulation did not address a workplace issue and thus exceeded the agency’s legal powers. “Covid-19 is not an occupational hazard that OSHA could possibly regulate,” lawyers from Ohio and 26 other states told judges in a recent briefing.
They added that agencies wishing to legislate on “major issues” with far-reaching economic or political implications must have clear Congress approval.
The second case, Biden v Missouri, # 21A240, involves an ordinance issued in November requiring health care workers in facilities that receive federal funds under the Medicare and Medicaid programs to be vaccinated against the coronavirus, unless , they are entitled to a medical or religious exception.
States run by Republican officials challenged the ordinance and obtained injunctions that affected roughly half the nation. Two federal appeals courts in New Orleans and St. Louis refused to suspend these injunctions while the appeals process moved forward.
A third federal appeals court in Atlanta has sided with the Biden government. “Healthcare workers have long had to receive vaccinations against infectious diseases such as measles, rubella, mumps and others,” wrote judges Robin S. Rosenbaum and Jill A. Pryor in front of a divided jury of three judges, “because a vaccination is required” a sensible one Measure to prevent health workers whose job it is to improve the health of patients from making them sicker. “
Biden’s government argued that federal law gave it extensive powers to regulate the health and safety of patients in facilities that receive federal funds. The law gives the Secretary of the Department of Health general authority to make regulations to ensure the “efficient administration” of the Medicare and Medicaid programs, and parts of the statute that affect different types of facilities also generally empower the secretary to be required to do so Protecting the health and safety of patients.