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Buy NowThe Supreme Court expedited a hearing on two of the Biden administration’s vaccine requirements, the justices announced Wednesday night in a move that will bring them back to the bench ahead of schedule.
On Jan. 7, the high court is set to hear arguments on the administration’s vaccine-or-test mandate for large private companies and on the vaccine mandate for health care workers at facilities which receive federal funding.
Both cases were brought to the Supreme court last week on an emergency basis, with the central question concerning the administration’s ability to enforce the vaccine requirements while they are litigated in lower courts. And although the justice’s decision to take up the case in this fashion is unusual, court watchers expected the federal vaccine requirements would inevitably make their way to the high court.
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Buy NowSince Biden announced the two vaccine requirements earlier this year, among others, they faced nearly immediate pushback. The vaccine-or-test mandate for employees of large private companies, in particular, has been heavily criticized by GOP leaders and even some Democrats who have dubbed it a federal overreach.
The rule, which Biden directed the Occupational Safety and Health Administration to enforce, requires employers with more than 100 employees to mandate vaccination or face weekly testing. In November, after more than a dozen state leaders sued Biden over the rule, the 5th U.S. Circuit Court of Appeals temporarily halted the law. But last week, after the case was reassigned to the 6th Circuit, the rule was reinstated.
Again, challenge to the rule was nearly immediate, and those in opposition filed to the Supreme Court asking the justices to block the decision.
Meanwhile, the Biden administration also urged the high court to intervene on one of its vaccine mandates: the mandate for health care workers, which applies to the more than 17 million health care workers across around 76,000 facilities that participate in Medicare and Medicaid, such as hospitals and places offering long-term care. At present, the mandate is blocked in about half of states following lower court rulings. The Biden administration requested that the Supreme Court allow it to enforce its rule nationwide while litigation continues.
“Especially as the US faces the highly transmissible Omicron variant, it is critical to protect workers with vaccination requirements and testing protocols that are urgently needed,” White House press secretary Jen Psaki said in a statement in response to the high court calling the special hearing. “At a critical moment for the nation’s health, the OSHA vaccination or testing rule ensures that employers are protecting their employees and the CMS health care vaccination requirement ensures that providers are protecting their patients. We are confident in the legal authority for both policies and DOJ will vigorously defend both at the Supreme Court.”
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