VACCINE MANDATE RULING – Jan. 2022

The U.S. Supreme Court blocked the vaccine-or-testing rule for private businesses with at least 100 employees, but allowed to take effect the vaccine policy rolled out in November by the US Department of Health and Human Services’ Centers for Medicare & Medicaid Services, which sought to require the Covid-19 vaccine for certain health care workers at hospitals, nursing homes and other facilities that participate in Medicare and Medicaid programs (i.e., the CTS).

“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category,” the opinion says.