“The mandate is aimed at protecting people directly unaffiliated with their choices,” she wrote. “Vaccines are freely available, and unvaccinated people can choose to protect themselves at any time.”
Coronavirus pandemic: Key things to know
In the Supreme Court case, National Federation of Independent Business v Department of Labor, No. 21A244, the challengers argued that the regulation does not address the issue of the workplace and therefore exceeds the agency’s legitimate authority. “Covid-19 is not an occupational hazard that OSHA can regulate,” attorneys for Ohio and 26 other states told judges in a recent brief.
He said agencies seeking to issue rules on “key questions” with broader economic or political implications must have clear congressional authority.
The second case, Biden v. Missouri, No. 21A240, relates to a rule issued in November that requires health care workers to pay attention to facilities that receive federal funding under the Medicare and Medicaid programs, as long as that they do not qualify for medical or religious exemptions. ,
States led by Republican officials challenged the regulation, obtaining injunctions against it covering nearly half of the country. Two federal appeals courts in New Orleans and St. Louis refused to stay those injunctions while the appeals proceeded.
A third federal appeals court in Atlanta sided with the Biden administration. “Health care workers have long been required to receive vaccinations for infectious diseases, such as measles, rubella, mumps, and others,” Judge Robin S. Rosenbaum and Jill A. Prior wrote for the divided three-judge panel, “Because vaccination is a common-sense measure designed to deter health care workers, whose job it is to improve the health of patients, to prevent them from getting sick.”
The Biden administration argued that a federal statute gave it broad authority to enforce regulations related to the health and safety of patients at facilities receiving federal funding. The statute gives the Secretary of the Department of Health and Human Services general power to issue regulations to ensure the “efficient administration” of Medicare and Medicaid programs, and portions of the statute relating to a variety of facilities are generally applied to the Secretary. authorizes to do so. The need to protect the health and safety of patients.