• Disclosure
  • Privacy Policy
  • DMCA Policy
  • CCPA
  • Medical Disclaimer
Monday, February 6, 2023
Massachusetts Digital News
  • Home
  • US
  • Business
  • World
  • Boston
  • Worcester
  • Springfield
  • Cambridge
  • Lowell
  • Brockton
  • Press Releases
  • Videos
No Result
View All Result
  • Home
  • US
  • Business
  • World
  • Boston
  • Worcester
  • Springfield
  • Cambridge
  • Lowell
  • Brockton
  • Press Releases
  • Videos
No Result
View All Result
No Result
View All Result
Home US

Supreme Court Blocks Nationwide Vaccine And Testing Mandate For Large Businesses

by NewsReporter
January 13, 2022
in US
supreme-court-blocks-nationwide-vaccine-and-testing-mandate-for-large-businesses
Share on FacebookShare on Twitter

In freezing a lower court opinion that allowed the regulation to go into effect nationwide, the majority sent a clear message the Occupational Safety and Health Administration, charged with protecting workplace safety, overstepped its authority in issuing such a sweeping emergency directive that would impact millions of workers. In contrast, the justices said that a separate agency could issue a rule to protect the health and safety of Medicare and Medicaid patients.

READ: Supreme Court rulings on nationwide vaccine and testing mandate for large businesses, health care vaccine mandate

“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 unsigned opinion in the businesses case says.

    Liberal Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan issued a blistering dissent.

      “When we are wise, we know not to displace the judgments of experts, acting within the sphere Congress marked out and under Presidential control, to deal with emergency conditions,” they wrote. “Today, we are not wise. In the face of a still-raging pandemic, this Court tells the agency charged with protecting worker safety that it may not do so in all the workplaces needed. As disease and death continue to mount, this Court tells the agency that it cannot respond in the most effective way possible.”

        The rule would impact some 80 million individuals and requires employers with 100 or more employees to ensure that their employees are fully vaccinated or undergo regular testing and wear a face covering at work. There are exceptions for those with religious objections.

        The agency said that it had the authority to act under an emergency temporary standard meant to protect employees if they are exposed to a “grave danger.”

          Democrats embrace hardball judicial nomination tactics GOP adopted under Trump

          The Biden administration defended the regulation and argued that the nation is facing a pandemic “that is sickening and killing thousands of workers around the country” and that any delay in implementing the requirement to get a vaccine or submit to regular testing “will result in unnecessary illness, hospitalizations and death.”

          During oral arguments, the Biden administration had asked that at the very least, if the court says employers can’t require the employees to get the vaccine, it should leave in place an alternate requirement for masking and frequent testing. The majority rejected that request Thursday.

          Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, said the ruling on the business mandate could have wide-reaching effects in future cases about the power of government.

          “These cases were not referenda on vaccine mandates — which can still come from states, local governments, and private businesses — they were referenda on whether these kinds of expert policy decisions are better made by agency experts accountable to the President or by judges accountable to no one,” Vladeck said. “And if the answer is the latter, that’s going to be true long after, and in contexts far beyond, the immediate response to the Covid pandemic.”

          Mandate for health care workers

          Although the justices have been receptive to past attempts by states to mandate vaccines, the new disputes centered on federal requirements that raised different legal questions. The cases come to the Supreme Court in an unusual posture, because the justices are only being asked to block the requirements while the legal challenges play out.

          The court allowed to take effect the vaccine policy rolled out in November by the US Department of Health and Human Services’ Centers for Medicare & Medicaid Services, which sought to require the Covid-19 vaccine for certain health care workers at hospitals, nursing homes and other facilities that participate in Medicare and Medicaid programs.

          Justices Sotomayor and Barrett question the state of federal sentencing commission

          According to government estimates, the mandate regulates more than 10.3 million health care workers in the United States. Covered staff were originally required to get the first dose by December 6 and the mandate allows for some religious and medical exemptions.

          Two lower courts had blocked the mandate in 24 states.

          Justice Samuel Alito, joined by conservatives Clarence Thomas, Neil Gorsuch and Amy Coney Barrett, dissented.

            “Neither CMS nor the Court articulates a limiting principle for why, after an un-explained and unjustified delay, an agency can regulate first and listen later, and then put more than 10 million healthcare workers to the choice of their jobs or an irreversible medical treatment,” Alito wrote.

            This story is breaking and will be updated.

            Read More Here

            Related Posts

            2-dead-in-new-mexico-wildfire-that-forced-evacuations-and-damaged-homes

            2 Dead In New Mexico Wildfire That Forced Evacuations And Damaged Homes

            by NewsReporter
            April 14, 2022
            0

            (CNN)Two people have died in the McBride Fire raging in New Mexico that has scorched more than 5,000 acres in the Sierra Blanco mountain range, police said.They were found Wednesday in a burned home in Ruidoso, New Mexico, state police said in a news release. Soon after, local police were...

            bye-bye,-benjamin:-the-lieutenant-governor-has-gone

            Bye Bye, Benjamin: The Lieutenant Governor Has Gone

            by NewsReporter
            April 13, 2022
            0

            New York Daily News | Apr 13, 2022 at 4:10 AM Lt. Gov. Brian Benjamin leaving court at 500 Pearl Street after being arrested and indicted in the connection of campaign finance scheme on charges including bribery and falsification of records, Manhattan, New York, Tuesday April 12, 2022. (Shawn Inglima/for...

            explainer:-what-do-new-alabama-laws-say-on-transgender-kids?

            EXPLAINER: What Do New Alabama Laws Say On Transgender Kids?

            by Duong
            April 12, 2022
            0

            MONTGOMERY, Ala. — Alabama has become the first state to criminalize the use of puberty blockers and hormones to treat transgender people under age 19. In line with some other Republican-led states, legislators here also passed a law requiring students to use bathrooms corresponding to their sex at birth and...

            biden-to-announce-new-gun-regulation-–-follow-live

            Biden To Announce New Gun Regulation – Follow Live

            by Duong
            April 11, 2022
            0

            (Getty Images)President Joe Biden is expected to announce new gun regulations on Monday to rein in so-called “ghost guns” — privately made firearms without serial numbers that have been used in several high-profile violent crimes.Mr Biden is expected to nominate Steve Dettlebach, an Obama-era US attorney, to run the Bureau...

            Massachusetts Digital News

            © 2021 Massachusetts Digital News

            Navigate Site

            • Disclosure
            • Privacy Policy
            • DMCA Policy
            • CCPA
            • Medical Disclaimer

            Follow Us

            No Result
            View All Result
            • Home
            • DMCA Policy
            • Medical Disclaimer
            • Privacy Policy
            • Disclosure
            • CCPA
            • Terms of Use

            © 2021 Massachusetts Digital News

            We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
            Cookie SettingsAccept All
            Manage consent

            Privacy Overview

            This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
            Necessary
            Always Enabled
            Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
            CookieDurationDescription
            cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
            cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
            cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
            cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
            cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
            viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
            Functional
            Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
            Performance
            Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
            Analytics
            Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
            Advertisement
            Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
            Others
            Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
            SAVE & ACCEPT