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A28 u.s. news
Diasabra 8 Januari 2022

Supreme Court skeptical of Biden’s workplace vaccine rule

“I think effectively what is at stake is court on an emergency basis, and the
whether these mandates are going to court took the unusual step of sched-
go into effect at all,” said Sean Ma- uling arguments rather than just rul-
rotta, a Washington lawyer whose cli- ing on briefs submitted by the parties.
ents include the American Hospital Unlike in other cases the court hears,
Association. The trade group is not a decision from the justices could
involved in the Supreme Court cases. come in weeks if not days.

Both vaccine rules would exacer- Because of the pandemic the justices
bate labor shortages and be costly to heard the cases in a courtroom closed
businesses, lawyer Scott Keller ar- to the public. Only the justices, law-
gued Friday on behalf of more than yers involved in the cases, court staff
two dozen business groups. Without and journalists were allowed inside.
an immediate order from the court, The public could listen live, howev-
“workers will quit right away,” Keller er, a change made earlier in the pan-
said. demic when the justices for nearly 19
months heard cases via telephone.
Administration lawyer Prelogar told
the justices that COVID-19 “is the The court has been asking arguing
deadliest pandemic in American his- lawyers to have negative coronavirus
tory and it poses a unique workplace tests and participate remotely if they
(AP) — The Supreme Court’s The court’s three liberal justices sug- danger.” OSHA has estimated that its have positive tests. Ohio Solicitor
conservative majority appeared gested support for the employer rule. emergency regulation will save 6,500 General Benjamin Flowers, who was
skeptical Friday of the Biden ad- Justice Elena Kagan said officials have lives and prevent 250,000 hospitaliza- arguing against the employer rule,
ministration’s authority to im- shown “quite clearly that no other tions over six months. had tested positive for COVID-19
pose a vaccine-or-testing require- policy will prevent sickness and death after Christmas, had mild symp-
ment on the nation’s large em- to anywhere like the degree that this Nearly 207 million Americans, 62.3% toms and fully recovered, but a test
ployers. The court seemed more one will.” And Justice Stephen Brey- of the population, are fully vaccinat- on Sunday required by the court de-
open to a separate vaccine man- er said he found it “unbelievable” that ed, and more than a third of those tected the virus, a spokeswoman said.
date for most health care work- it could be in the “public interest” to have received booster shots, includ- He had been vaccinated and had a
ers. put that rule on hold. He said that on ing the nine justices. booster shot.
Thursday there were some 750,000
The arguments in the two cases come new cases in the country and that Andy Slavitt, a former adviser to the Louisiana Solicitor General Eliza-
at a time of spiking coronavirus cases hospitals are full. Biden administration on COVID-19, beth Murrill who was arguing against
because of the omicron variant, and said the vaccine requirements are ex- the health care workers rule, was
the decision Friday by seven justices Beginning Monday, unvaccinated tremely effective for 15% to 20% of also arguing remotely “based upon
to wear masks for the first time while employees in big companies are sup- Americans “who don’t like to get a the court’s protocol,” state Attorney
hearing arguments reflected the new posed to wear masks at work, unless shot but they will and don’t have any General Jeff Landry said. Landry was
phase of the pandemic. the court blocks enforcement. But strenuous objection.” at the court for Friday’s arguments.
testing requirements and potential
An eighth justice, Sonia Sotomayor, a fines for employers don’t kick in un- The high court is weighing in on ad- It was the first time since the court
diabetic since childhood, didn’t even til February. ministration vaccine policies for the returned to in-person arguments in
appear in the courtroom, choosing to first time, although the justices have October that lawyers were arguing
remain in her office at the court and Legal challenges to the policies from turned away pleas to block state-level remotely.
take part remotely. Two lawyers, rep- Republican-led states and business mandates.
resenting Ohio and Louisiana, argued groups are in their early stages, but Justice Neil Gorsuch was the only
by telephone after recent positive the outcome at the high court prob- A conservative majority concerned justice to remain unmasked through-
COVID-19 tests, state officials said. ably will determine the fate of vaccine about federal overreach did bring an out the arguments, which lasted
requirements affecting more than 80 end to a federal moratorium on evic- more than 3 and 1/2 hours. He sits
But the COVID circumstances did million people. tions put in place because of the pan- between Barrett and Sotomayor. The
not appear to outweigh the views of demic. court did not explain why Sotomayor
the court’s six conservatives that the Roberts, Kavanaugh and Barrett didn’t take the bench.
administration overstepped its au- seemed to have fewer doubts about Both the vaccination case came to the
thority in its vaccine-or-testing re- the health care vaccine mandate.
quirement for businesses with at least Kavanaugh said it was a “very un-
100 employees. usual situation” that hospitals and
health care organizations affected by
“This is something the federal gov- the regulation were “not here com-
ernment has never done before,” plaining” about the rule but instead
Chief Justice John Roberts said, cast- support it. “What are we to make of
ing doubt on the administration’s that?” he asked.
argument that a half-century estab-
lished law, the Occupational Safety The second regulation is a mandate
and Health Act, confers such broad that would apply to virtually all health
authority. care staff in the country. It covers
health care providers that receive fed-
Roberts and Justices Brett Kavanaugh eral Medicare or Medicaid funding,
and Amy Coney Barrett probably potentially affecting 76,000 health
hold the key to the outcome in both care facilities as well as home health
cases, as they have been more recep- care providers. The rule has medical
tive to state-level vaccine require- and religious exemptions.
ments than the other three conserva-
tive justices. Barrett and Kavanaugh Decisions by federal appeals courts
also had tough questions for Solici- in New Orleans and St. Louis have
tor General Elizabeth Prelogar, the blocked the mandate in about half the
administration’s top Supreme Court states. The administration has said it
lawyer. is taking steps to enforce it in the rest.