The Supreme Court on Thursday blocked the Biden administration from enforcing its sweeping vaccine-or-test requirements for large private companies, but allowed similar requirements to stand for medical facilities that take Medicare or Medicaid payments.

Three days had passed since the Occupational Safety and Health Administration’s Emergency Measure went into effect.

The mandate stated that employees of businesses employing more than 100 workers must have vaccinated and submit to a Covid test every week in order to be allowed into the workplace. Unvaccinated employees were required to use masks in the workplace.

OSHA is responsible for ensuring workplace safety and compliance. It was authorized by Congress to issue the mandates. OSHA has the ability to bypass the usual rulemaking process that can take many years if the Labor Secretary determines that a new workplace safety norm is needed in order to protect workers from grave danger. 

Friday was Friday when the Biden administration presented its argument before the highest court that regulations were required to combat the “grave risk” created by the Covid epidemic. The government was supported by liberal justices who were clearly supportive of the position. They also highlighted the terrible death toll and unprecedented spread of the disease due to the omicron variation.

However, the court’s conservative majority of 6-3 expressed profound doubt about the move by the federal government.

John Roberts, Chief Justice of the Supreme Court, was appointed by President George W. Bush. His argument during arguments indicated that Roberts believes it is hard to argue the 1970 OSHA law gives agencies “free reign” to implement broad regulations.

There were 27 lawsuits against the vaccine-or-test regulations. They came from Republican governors or attorneys general, as well as private business and religious organizations, and also national industry groups like the National Retail Federation and American Trucking Associations.

These mandates represented the largest use of federal power to defend workers against Covid since the outbreak.

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