[Jonathan H. Adler] BREAKING: SCOTUS Stays OSHA Vax-or-Test Rule, Allows CMS Vaccine Mandate for Health Care Workers to Take Effect

[By divided votes, the justices entered stayed t the OSHA Emergency Temporary Standard and stayed the lower court injunctions against the mandate that Medicare and Medicaid service providers require their employees to get vaccinated.]

In opinions released this afternoon, the Supreme Court split over two of the Biden Administration's COVID-19 mandates.  By a vote of 6-3, in NFIB v. OSHA, the Court ruled against the Occupational Safety and Health Administration's Emergency Temporary Standard vax-or-test rule for large employers. Yet by a vote of 5-4, in Biden v. Missouri, the Court agreed to stay lower court injunctions against the Center for Medicare and Medicaid Services vaccine mandate for Medicare and Medicaid service providers. Both opinions for the Court were per curiam.

In NFIB v. OSHA, the Court split 6-3 along traditional ideological lines. Justice Gorsuch wrote a separate concurrence, joined by Justices Alito and Thomas. Justices Breyer, Sotomayor and Kagan issued a joint dissent. In Biden v. Missouri, Chief Justice Roberts and Justice Kavanaugh joined the liberal justices to form the majority. Justices Thomas and Alito each authored dissents that were also both joined by Justices Gorsuch and Barrett.

. . . Developing . . .more to come

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