Supreme Court’s Conservative Majority Appear Poised to Block Biden’s Vaccine Mandates After First Day of Oral Arguments

 

The US Supreme Court on Friday is considering a halt on Joe Biden’s vaccine mandates that affect more than 80 million Americans.

The highest court of the land began hearing oral arguments on two of Joe Biden’s vaccine mandates.

The Biden regime mandated all companies with 100+ employees to either test workers or prove they are vaccinated through a loophole issued by OSHA.

Biden also mandated healthcare workers at places receiving Medicaid and Medicare funding to prove they are vaccinated.

Arguments wrapped up after 3 hours and 40 minutes on Friday afternoon.

The Supreme Court’s conservative majority appear poised to block Joe Biden’s vax mandates.

Fox News reported:

Gorsuch appears to view mandate as controlling employment of health care workers

Justice Gorsuch asked a series of questions to Fletcher about the impact of the vaccine mandates and how it can be viewed potentially as controlling the employment of healthcare workers — which is not allowed by the law.

“This regulation affects, we’re told, 10 million health care workers and will cost over a billion dollars for employers to comply with,” he said. “So what’s your reaction to that why isn’t this a regulation that effectively controls the employment and tenure of health care workers at hospitals? An issue Congress said the agency didn’t have the authority that that should be left to the states to regulate.”

Barrett asks how long OSHA intends to use emergency powers

Justice Barrett asks the government how long OSHA intends to use the powers it has to bypass the notice-and-comment period of regulation, given that COVID-19 is now on its way to becoming endemic, and may last for years if not longer.

“When must OSHA resort to its normal authority and notice and comment?” she asks.

The government lawyer says that is not clear but assures the court that this is “not a way to bypass notice and comment permanently.”

Kavanaugh quizzes government on lack of explicit congressional approval for OSHA mandate

Kavanaugh, on the arguments that Congress has not authorized OSHA to make these mandates, notes that Congress has made explicit references to vaccines on a number of occasions in statute (but not in this instance), and he notes that President Bush made reference to a potential threat of this nature in 2005.

“Yet there has not been a vaccine statute passed by Congress to deal with this kind of thing,” he said.

Roberts references Klain’s ‘workaround’ tweet

Chief Justice Roberts makes reference to a tweet retweeted by White House Chief of Staff Ronald Klain, which described the OSHA mandate as a “workaround.”

“I mean, this has been referred to the approach as a workaround. And I’m wondering what it is you’re trying to work around?” he asks.

Alito asks about possible vaccine side-effects

Alito asks Prelogar about the side-effects of vaccines in some instances, while strongly stressing that the vaccines are overwhelmingly safe.

Prelogar says that there are some adverse consequences, but minimal compared to COVID-19.

Alito asks if OSHA has ever imposed any other regulation that would impose potential adverse health effects on workers. Prelogar says it has not, but there is no reason to think the regulation is precluded on that ground.

Clarence Thomas was very skeptical of the OSHA loophole and asked if it would apply to other infectious diseases.