The questions and commentary from the Court signaled multiple Justices will likely agree that OSHA overstepped its authority in issuing the ETS, and that the appropriate parties to make the decision are Congress and the states.
The Court’s questioning focused heavily on statutory and constitutional arguments and the underlying questions of who has the power to act, and who is the appropriate party to decide such issues. The Supreme Court did not rule, but the tone of the oral arguments suggested the Court would block the OSHA ETS. In this update, we focus on the OSHA ETS. Supreme Court heard oral arguments over whether two sets of vaccine and testing mandates should go into effect: (1) the OSHA ETS, applying to private employers with 100 or more employees and (2) the CMS vaccine mandate for health care providers and suppliers participating in certain Medicare and Medicaid programs.
Posted January 7th, 2022 in Top Stories, Legal Insights with Tags Labor and Employment, COVID-19, COVID-19 for Employers No Ruling, But SCOTUS Likely to Strike Down OSHA ETS
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