There has been recent news in regards to the federal vaccine mandate that affects businesses across the country. The U.S. Supreme Court came together to reach a 6-3 decision against a federal mandate requiring 100-plus employee businesses to mandate vaccines. The Court ruled that the Biden Administration’s executive order overstepped their jurisdiction. What were the mandate specifics to begin with and why did the Supreme Court rule the mandate as unconstitutional?
What was the mandate?
President Biden issued an executive order that would increase vaccination numbers for large businesses. Businesses with 100 or more employees would have to either get all employees vaccinated or test regularly if they have an exemption. The Occupational Safety and Health Administration believed that the mandate would have saved over 6,000 lives and prevented almost 250,000 hospitalizations. The conservative-majority court came to the conclusion that this was a violation of executive power and that something to this extent had never been enacted before. The three liberals on the court dissented that instead of the Biden Administration overreaching, it was really the Court stepping over their boundaries. The second mandate the Court considered related to the healthcare industry. Here, the majority opinion concluded that a mandate for healthcare workers was constitutional and thus, remains in effect.
How will this affect vaccine mandates?
It is important to understand that while the Supreme Court ruled that the Biden Administration does not have the power to issue such a broad sweeping mandate, large companies may issue mandates on their own. Across the country and through every sector of business and commerce, private companies are taking it upon themselves to issue company-wide mandates. The Supreme Court, to be clear, did not opine on their legality. If you are an employer or an employee, this case closes the book about a large-scale federal vaccine mandate but, private mandates remain in place.
Meanwhile, if you are a healthcare worker, you must be vaccinated.
If you have any questions about the Supreme Court’s decision, go to https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf
If you feel that your employer is putting your health at risk, please reach out to us at https://cramer-law.com/
