1.13.22 COVID-19 Bulletin: SCOTUS Blocks Vax-or-Test Rule
Blog Categories
January 13, 2022
This afternoon, the U.S. Supreme Court blocked OSHA’s emergency rule that required employees at workplaces of 100 or more to be vaccinated against COVID-19 or test weekly.
The court issued a temporary stay, meaning that enforcement of the rule should be paused while circuit courts consider the case more fully.
The rule has been subject to heavy litigation, being blocked by one circuit court and reinstated by another. The Supreme Court heard oral arguments on the rule last Friday, and OSHA began enforcement of the rule Monday.
In the decision, the majority took issue with the fact that Congress did not weigh in on this mandate. The majority wrote that, “although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here. … Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.”
Justices Breyer, Sotomayor, and Kagan dissented.
In a separate decision, the court voted 5-4 to uphold a vaccine mandate for healthcare workers in facilities that receive federal funds.
The BNP will continue to keep you informed as the federal government debates this issue.
Related Posts
UU Analysis: NYHA Will Add Costs, Eliminate Jobs
Upstate United, a BNP partner organization and non-partisan, pro-taxpayer, pro-economic growth, and pro-Upstate education advocacy coalition, recently analyzed the research on the potential economic impact of the New York Health Act (NYHA).
5.7.21 BNP Advocacy Alert – Extended Producer Responsibility Act Too Costly for New York
For weeks, the Buffalo Niagara Partnership has sounded the alarm on S. 1185, known as the Extended Producer Responsibility Act. This bill would broadly shift the responsibility of recycling packaging material (carton, glass, metal), paper and plastic products from municipalities to businesses, which the BNP suspected would add exorbitant costs onto businesses and consumers.
BNP Advocacy Insider – May 2021
The May 2021 Advocacy Insider is a roundup of important issues we are monitoring that could you and your business.
5.3.21 COVID-19 Bulletin: NYS Will Lift Capacity Restrictions
Today, the State Legislature is passing a short-term budget extender, indicating a continued lack of consensus on a budget deal. The extender allows the state government to continue operations while buying time for the Governor and Legislature to reach an agreement on a number of outstanding issues. As we