U.S. Supreme Court. Biden Business Vaccine Policy. Awaiting Supreme Court Ruling

Published in Government Relations on January 10, 2022

 (*) UPDATED January 10, 2022 – Awaiting Supreme Court Ruling

With over 100,000 Americans hospitalized for COVID-19 as a result of the highly contagious Omicron variant, the Supreme Court heard oral arguments Friday in two sets of challenges to the Biden administration’s authority to take action to combat the pandemic. In the first case, National Federation of Independent Business v. Department of Labor, the justices will consider the Biden administration’s attempt to impose a vaccine-or-test mandate for workers at large employers. In the second case, Biden v. Missouri, they considered a vaccine mandate for health care workers at facilities that receive federal funding.

The Issues:

  • Cases test presidential powers to act against pandemic
  • Shots or tests required at companies with 100-plus workers
  • Vaccines needed at facilities that take Medicare, Medicaid

Friday Summary – Oral Arguments

Conservative U.S. Supreme Court justices on Friday questioned the legality of President Joe Biden's pandemic-related vaccine-or-testing mandate for large businesses but appeared more receptive to his administration's vaccine requirement for healthcare facilities at a time of surging COVID-19 cases.

The court's nine justices, who are all vaccinated, heard more than 3-1/2 hours of arguments in two cases that test presidential powers to combat the public health emergency.  The conservative justices, who hold a 6-3 majority, signaled sympathy toward arguments by the state of Ohio and a business group that the federal workplace safety agency that issued the rule affecting businesses with at least 100 workers - a policy requiring vaccines or weekly COVID-19 tests for more than 80 million employees - overstepped its legal authority.

The challengers asked the court to block the policy before the administration begins enforcement on January 10. 

The court's conservatives suggested that the 1970 law that created the Occupational Safety and Health Administration (OSHA) did not authorize this type of broad emergency action.

They seemed more open to a separate federal vaccine requirement that states led by Missouri and Louisiana are asking the court to block nationwide. It covers an estimated 10.3 million workers at about 76,000 healthcare facilities including hospitals and nursing homes that accept money from the Medicare and Medicaid government health insurance programs for elderly, disabled and low-income Americans.

The conservative justices have shown skepticism toward sweeping actions by federal agencies in past rulings.

The three liberal justices indicated that both policies were justified during a pandemic showing no signs of abating, with an upswing in COVID-19 cases driven by the fast-spreading Omicron coronavirus variant.  Chief Justice John Roberts and fellow conservative Justices Neil Gorsuch and Brett Kavanaugh indicated that the OSHA rule could be invalid under a legal doctrine that says Congress must provide a clear statement on a specific issue in order for a federal agency to issue broad regulations on it.

The conservative justices suggested Congress or individual states would be better suited to act.  Roberts voiced doubt that the law passed by Congress establishing OSHA empowered it to take such action.

Some justices raised the possibility of the court issuing a temporary stay blocking the OSHA rule while the court decides how to proceed.

Roberts and Kavanaugh appeared more sympathetic to the Biden administration's arguments regarding the healthcare facilities mandate issued by the Centers for Medicare & Medicaid Services (CMS), the agency responsible for administering those programs.

Kavanaugh noted that private healthcare providers did not challenge the mandate that states are contesting. Conservative Justice Amy Coney Barrett suggested the government could require vaccinations in certain facilities but not others.

Gorsuch seemed skeptical of the policy as a whole, questioning whether CMS has the authority to issue a vaccine regulation because such action affects an employer's staffing decisions, which Congress has said the agency could not do as part of its Medicaid and Medicare funding requirements.

Decisions in both cases are expected quickly.  Upon the ruling, VGM will immediately distribute summaries and analysis.  

Also, please note map and chart which describes each state’s latest emergency orders and actions designed to safeguard residents during the COVID-19 pandemic, including statewide mask requirements and travel advisories.

For additional detail and background, please click here.


TAGS

  1. phe
  2. vgm government

From Our Experts

Ike Isaacson and Brian Leitten Podcast: The Case for DME Investment Continues to Strengthen thumbnail Ike Isaacson and Brian Leitten Podcast: The Case for DME Investment Continues to Strengthen Listen to Ike Isaacson, SVP of VGM Government Relations, and Brian Leitten, Leitten Consulting, discuss Brian's latest findings related to DME investment and their outlook on competitive bidding. Update: FTC Ban of Noncompetes Blocked thumbnail Update: FTC Ban of Noncompetes Blocked A new ruling this week means that the ban on noncompete agreements cannot and will not go into effect in September. The FTC has not yet said whether they will appeal the decision, but Victoria Graham, a spokesperson for the FTC, said they are considering that option. The FTC could also choose to address noncompete agreements in a different manner, perhaps through enforcement actions. Updates To Lymphedema Benefit thumbnail Updates To Lymphedema Benefit A recent article by Medtrade Monday outlined the latest news regarding the lymphedema benefit. CarePro Medical Hosts DME Champion Rep. Mariannette Miller-Meeks thumbnail CarePro Medical Hosts DME Champion Rep. Mariannette Miller-Meeks On Monday, August 5, CarePro Home Medical in Coralville, Iowa hosted an event for Rep. Mariannette Miller-Meeks. The group discussed the need for H.R.5555 passage at the end of 2024. DME is No Longer Exempt from Sales Tax in South Carolina thumbnail DME is No Longer Exempt from Sales Tax in South Carolina For nearly 17 years, DME providers in South Carolina were exempt from paying sales tax (under certain conditions). Find out how the latest South Carolina Supreme Court ruling has changed that. How FEMA Can Help DMEPOS Businesses Prep for Natural Disasters thumbnail How FEMA Can Help DMEPOS Businesses Prep for Natural Disasters FEMA's latest site update benefits DMEPOS businesses by assisting them in preparing for natural disasters. Ronda Vlog: Two Important Updates: Oxygen Testing and Home Assessment for Manual Wheelchairs Clarification thumbnail Ronda Vlog: Two Important Updates: Oxygen Testing and Home Assessment for Manual Wheelchairs Clarification Check out these updates from Ronda Buhrmester regarding oxygen testing and clarification on home assessment for manual wheelchairs! 75/25 Medicare Impact Survey thumbnail 75/25 Medicare Impact Survey AAHomecare is spearheading a nation-wide initiative to measure the impact of the expired Medicare fee-for-service 75/25 blended rate for non-bid non-rural areas on the HME community and Medicare patients' access to medically necessary equipment.