Biden vaccine and testing mandate for businesses struck down by U.S. Supreme Court

Companies across the country have been waiting for a final ruling on a mandate from the Biden administration requiring businesses with 100 employees or more to require vaccines or weekly COVID-19 testing for all employees.

On Thursday, the U.S. Supreme Court blocked the Biden administration’s COVID-19 vaccine-or-test requirement for large employers, but it will allow a similar mandate to continue for workers at federally funded health care facilities.

The ruling blocking the rule for large businesses was based on the argument that Congress has not given the Occupational Safety and Health Administration the power to enact such a 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 says.

Kentucky Chamber of Commerce President and CEO Ashli Watts made the following statement:

“While the Chamber continues to be a strong advocate for vaccination to control the spread of the virus, we are very pleased the U.S. Supreme Court struck down the OSHA emergency temporary standard that would have required certain employers to mandate vaccines or testing, which is a clear attack on employers’ rights. We have maintained throughout the pandemic that policies should protect the rights of employers to make vaccination and testing decisions based on what is best for their facilities and workers with consideration of their customers. This ruling is a huge relief for many Kentucky businesses who were facing an unnecessary and logistically impossible mandate.”