As COVID cases rise across the United States, the Supreme Court prepares to hear oral arguments on vaccine mandates.
Scheduled for January 7, the special hearing centers on two federal policies: a ‘vaccine-or-test’ mandate for companies with a hundred or more employees, and a vaccine mandate for healthcare workers employed by facilities that receive Medicare and Medicaid federal funding.
The justices will focus on whether the government can enforce the mandates while litigation challenging them is ongoing.
Several lawsuits were filed after the Occupational Safety and Health Administration (OSHA) issued an emergency ‘vaccine-or-test’ mandate on November 5. Texas, Ohio, and Florida were among the states that challenged OSHA’s vaccine mandate, stating that it was an overreach of OSHA’s authority.
In November, the U.S. Court of Appeals for the Fifth Circuit blocked the Biden administration from enforcing OSHA’s vaccine mandate.
The U.S. Court of Appeals for the Sixth Circuit reinstated the mandate in the Ohio case, saying OSHA had the authority to “protect workers and be able to respond to dangers as they evolve.” For now, OSHA will not issue citations for non-compliance until January 10.
During the January 7 hearing, justices will decide whether the federal policies should stand. Originally, the court set a deadline of December 30 for responses to both disputes. However, surprisingly, the justices decided to hear the oral arguments with the special session.
This marks the third time the United States Supreme Court has expedited cases for oral arguments. Justices also fast-tracked oral arguments in requests for emergency relief in the Texas anti-abortion law and a request by a Texas inmate to have his pastor touch and pray for him out loud during his execution.
