Thursday afternoon, the Supreme Court delivered rulings within the vaccine mandate circumstances it rushed to listen to on January 7. They dominated 6-3 that the Labor Department (OSHA) mandate relevant to all firms with 100 or extra workers couldn’t be enforced for now. President Biden’s different vaccine mandate, nevertheless, is allowed to face, for now, by a vote of 5-4, regarding healthcare employees at amenities that obtain federal funding.
Both circumstances don’t contain rulings on the last word constitutionality of the challenged mandates. Those challenges will nonetheless proceed within the decrease courts and will attain a distinct consequence as soon as they’re totally briefed, tried, and finally appealed. These rulings concern requests to remain or forbid the enforcement of the mandates whereas they’re fought over. The purpose for the totally different outcomes rests on the opinions of Chief Justice John Roberts and Justice Brett Kavanaugh. They joined with the conservative bloc within the OSHA resolution and the left bloc on the healthcare amenities mandate.
The keep within the OSHA case was a “per curiam” opinion, with authorship not attributed to anyone justice. We know that Justices Stephen Breyer, Elena Kagan, and Sonya Sotomayor dissented, nevertheless, as a result of all of them joined in a gaggle dissent, a rarity on the High Court. They mentioned:
“Acting outside of its competence and without legal basis, the Court displaces the judgments of the Government officials given the responsibility to respond to workplace health emergencies. We respectfully dissent.”
For the medical amenities case, that was one other per curiam ruling. Justices Clarence Thomas and Samuel Alito wrote individually in dissent and have been joined by one another, and Justices Neil Gorsuch and Amy Coney Barrett. Thomas wrote:
“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.”