SCOTUS Considers Biden’s Vaccine Mandates In Cases That May Have Far-Reaching Reverberations

January 7, 2022
WASHINGTON, DC - OCTOBER 1: Associate Justice Amy Coney Barrett is escorted out after an investiture ceremony by Chief Justice of the United States John Roberts at the Supreme Court on Friday, Oct. 01, 2021 in Washin... WASHINGTON, DC - OCTOBER 1: Associate Justice Amy Coney Barrett is escorted out after an investiture ceremony by Chief Justice of the United States John Roberts at the Supreme Court on Friday, Oct. 01, 2021 in Washington, DC. (Photo by Jabin Botsford/The Washington Post via Getty Images) MORE LESS
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January 7, 2022

The Supreme Court is hearing two COVID-19 vaccine mandate cases today: one from the Occupational Safety and Health Administration (OSHA) for large employers, and one from the Department of Health and Human Services (HHS) for health-care workers at facilities that take federal funding.

The cases are important on their face, as the Omicron variant of the virus tears through the country. But the justices’ rulings could also have deeper repercussions, providing clues to how the Court will react to the administration’s exercise of agency power going forward. If they choose to drastically curtail that authority over time, it could deal a blow to the Biden presidency.

Cases: 

  • National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration plus Ohio v. Department of Labor, Occupational Safety and Health Administration
    • Arguing for applicants: Scott Keller and Ohio Solicitor General Ben Flowers
    • Arguing for respondents: United States Solicitor General Elizabeth Prelogar
  • Biden v. Missouri plus Becerra v. Louisiana
    • Arguing for applicants: United States Deputy Solicitor General Brian Fletcher
    • Arguing for respondents: Missouri Deputy Attorney General Jesus Osete, Louisiana Solicitor General Elizabeth Murrill

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The Supreme Court is hearing two COVID-19 vaccine mandate cases today: one from the Occupational Safety and Health Administration (OSHA) for large employers, and one from the Department of Health and Human Services (HHS) for health-care workers at facilities that take federal funding.

The cases are important on their face, as the Omicron variant of the virus tears through the country. But the justices’ rulings could also have deeper repercussions, providing clues to how the Court will react to the administration’s exercise of agency power going forward. If they choose to drastically curtail that authority over time, it could deal a blow to the Biden presidency.

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