Supreme Court Showdown Over Biden’s OSHA Vaccine Mandate Scheduled for Jan. 7th

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Dec 23, 2021

The Supreme Court has announced it intends to hear oral arguments challenging two Biden administration vaccine mandates on Wednesday, the first step towards a ruling that could potentially put a bullet in the most-wide ranging and legally dubious mandates enacted by the President. The court has scheduled the first hearing on the mandates for January 7th.

The court will hear arguments that challenge Biden’s OSHA mandate for businesses with more than 100 workers and against a vaccine mandate for employees of healthcare facilities that receive medicare and medicaid funding.

The court system has been broadly skeptical of Biden’s federal vaccine mandates thus far, with a circuit court initially overturning the administration’s OSHA mandate before an appellate court put it back on. U.S. District Court for the Western District of Louisiana Judge Terry Doughty nailed the OSHA mandate, accusing Biden of usurping authority from Congress and lacking the powers to implement the policy.

“If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands,” he wrote. “If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.”

More than one legal expert has predicted that the court is likely to overturn the mandate, with some even predicting a decision of the court that would transcend the partisan realities of the court. It’s even possible that at least one liberal judge will vote to overturn the OSHA mandate, with “conservative” Chief Justice John Roberts voting to keep it in place.

The court system has responded in a mixed fashion to state vaccine mandates, with SCOTUS overturning a ruling that blocked a New York vaccine mandate that applied exclusively to healthcare workers.

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