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SCOTUS Reinstates the Stay on the Vaccine Mandate for Employers

Today, the Supreme Court of the United States (SCOTUS) ruled in a 6-3 decision to reinstate the stay on the Occupational Safety and Health Administration's (OSHA) vaccine mandate for employers with 100 employees or more. 

By reinstating the stay, which was originally placed on the mandate by the United States Court of Appeals for the 5th Circuit, the Supreme Court is indicating that it would rule against the mandate should a lower court try to lift the stay.
 
This decision by the Supreme Court, effectively ends the Biden Administration's plan to mandate employers to require its employees to either be vaccinated or submit to weekly testing. In its majority opinion the justices stated: "Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category." 
 
The ruling today on the vaccine mandate makes guidance recently released by OSHA regarding compliance with their mandate especially as it relates to truck drivers irrelevant.  

You may read the full decision by the Supreme Court by clicking here. 
 
If you have any questions regarding the vaccine mandate, please contact Andrew Stasiowski at astasiowski@trala.org or Jake Jacoby at jjacoby@trala.org.
 
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