Mike Russell

Mike Russell

Mike Russell believes that individual freedom is the foundation of American excellence, that small business is the engine that drives economic...Full Bio

 

SCOTUS: OHSA Vaccine Mandate Unconstitutional.

Freedom lives to fight another day.

The Supreme Court has ruled against the Biden administration's vaccine and testing mandate. The White House tasked the Occupational Safety and Health Administration (OHSA) with implementing all private employers with 100 more employees to require all employees either be vaccinated or take a test weekly test at their own expense while wearing a mask at all times at work.

Essentially, the ruling is too broad.

As Justice Brett Kavanaugh writes in the deciding opinion, 'administrative agencies are creatures of statute.' In other words, Congress has to be explicit with agency powers when passing laws creating them or amending their powers.

The final decision was 6-3 with Justices Kavanaugh, Roberts, Thomas, Alito, Gorsuch, Kavanaugh, and Coney Barrett in the majority. Justices Breyer, Kagan, and Sotomayor disenting.

Read the decision here.

In the other case, the Justices have allowed a vaccine mandate to remain in place for healthcare workers in facilities that receive federal dollars through Medicare and Medicaid.

Read that decision here.


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