In two decisions released today, the U.S. Supreme Court has stayed the enforcement of a rule for businesses with 100 or more employees to require vaccination or weekly testing, while ending injunctions that prevented the application of a rule requiring vaccination for health care workers.
The court reasoned that the general workplace regulations, created by OSHA, stand a reasonable chance of being successfully challenged in the Sixth Circuit Court of Appeals, and therefore cannot be enforced until that case, if brought, is decided. The 6-3 ruling addresses not the constitutionality of vaccine mandates per se, but whether OSHA is in a position to create such a sweeping regulation. It does not mean, for example, that the Court would reject as unconstitutional such a requirement if it were passed by Congress.
