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US Supreme Court blocks OSHA emergency regulation requiring vaccination or testing

The US Supreme Court has ruled that OSHA cannot use its emergency regulating powers to enforce a vaccination-or-testing mandate on employers with 100 or more employees. The per curiam ruling (pdf) states:

OSHA’s COVID–19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402, is stayed pending disposition of the applicants’ petitions for review in the United States Court of Appeals for the Sixth Circuit and disposition of the applicants’ petitions for writs of certiorari, if such writs are timely sought. Should the petitions forwrits of certiorari be denied, this order shall terminate automatically. In the event the petitions for writs of certiorariare granted, the order shall terminate upon the sending down of the judgment of this Court.

In a concurring opinion, Justice Gorsuch, joined by Justices Thomas and Alito, wrote:

The federal government’s powers, however, are not general but limited and divided. See McCulloch v. Maryland, 4 Wheat. 316, 405 (1819). Not only must the federal government properly invoke a constitutionally enumeratedsource of authority to regulate in this area or any other. It must also act consistently with the Constitution’s separation of powers. And when it comes to that obligation, thisCourt has established at least one firm rule: “We expect Congress to speak clearly” if it wishes to assign to an executive agency decisions “of vast economic and political significance.”

OSHA’s mandate fails that doctrine’s test

Justices Breyer, Sotomayor, and Kagan dissented:

In our view, the Court’s order seriously misapplies the applicable legal standards. And in so doing, it stymies the Federal Government’s ability tocounter the unparalleled threat that COVID–19 poses toour Nation’s workers. Acting outside of its competence andwithout legal basis, the Court displaces the judgments ofthe Government officials given the responsibility to respondto workplace health emergencies. We respectfully dissent.


  1. Thank our Heavenly Father we still have true Americans on the Supreme Court and we still our God given rights.

    1. Your victory over the mandate will be short-lived, the next shoe to drop will be health insurance companies raising rates on people that are not vaccinated. Some employers and their health insurers already have a surcharge on people that smoke and the Supreme Court cannot stop that practice. It’s their God given right to charge the non-vaccinated higher premiums

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