The Death of Federal Vaccine Mandates

Jack Theobald

//Businesses Left to Determine Covid Policies Without Government Support//

On January 13, the Supreme Court voted 6-3 to block the Biden Administration’s “vaccine or test” mandate on large private employers. The justices argued that the mandate, which took effect in early January and required that all private employers with over 100 employees necessitate either vaccination or weekly testing for their staff, was a “significant encroachment into employees’ lives and health.” In addition, the court ruled that the Labor Department’s Occupational Safety and Health Administration (OSHA) did not have the authority to impose such a policy, causing President Biden to withdraw the vaccination requirement. The court’s ruling against vaccine mandates not only significantly hinders President Biden’s ability to combat the global pandemic, but also hurts businesses, leaving them on their own to determine policies and fight COVID-19.

It’s no secret that America is still struggling with the pandemic. COVID-19 cases reached a staggering high in January, with the Omicron variant running rampant through the United States. At its peak, Omicron infected roughly 807,000 people a day, overwhelming hospitals. Science has demonstrated that the vaccine is our greatest hope to tackle the pandemic, with studies showing that booster shots reduce the risk of death from Omicron by almost 95%. Mandates are one of the most powerful tools available to the Biden administration to slow the pandemic. Yet, in a dangerous and irresponsible move, the Supreme Court impeded the federal government’s ability to fight the pandemic. As justices Sonia Sotomayor, Elena Kagan, and Stephen Breyer wrote in a dissenting opinion, “As disease and death continue to mount, this Court tells [OSHA] that it cannot respond in the most effective way possible.”

The elimination of the vaccine mandate has severe implications for businesses struggling to define their policies. With no cover from the federal government, small businesses and even large employers may have difficulty implementing a vaccine requirement. In a poll of 543 companies conducted in November, 32% of the companies indicated that they would only impose a vaccine mandate if the OSHA rule was still in effect. With the vaccine directive no longer an option, many businesses may shy away from requiring vaccines, leaving the door open for the pandemic to continue.

It can be challenging to see the light at the end of the tunnel when it comes to the pandemic. Too many Americans are becoming gravely ill and dying daily. Vaccines are desperately needed to stop the pandemic and save lives. Unfortunately, the Supreme Court’s ruling places individual freedom above society’s well-being, a dangerous message to send as the world approaches the second anniversary of the start of the pandemic.

Pictures:

Opinion | Biden's Vaccine Mandate, Enforced By OSHA, is a Big Mistake - The  New York Times

Protests have swept the nation over vaccine mandates.

Seeking directions: Employers face hurdles mandating vaccines for workers -  Boston Business Journal

The highly controversial question over vaccine mandates reaches a breaking point.