President Joe Biden has pushed for a COVID-19 vaccine mandate through the Occupational Safety and Health Administration. Now it’s time for the high court to decide if it stands.
The U.S. Supreme Court began hearing arguments Friday citing OSHA’s lack of authority to implement the vaccine mandate, the Washington Times reported. Several conservative groups are challenging the rule that would require the jab for employees in companies with over 100 workers.
Employees who did not get the jab would have to submit to weekly testing. Though this is all being sold as a safety measure, many see this as government overreach from a body that has no authority to do so.
“No constitutional or legal authority is given to the federal government to issue this type of mandate, and the Supreme Court should reiterate this fact quickly and without ambiguity,” Kevin Roberts, president of conservative policy advocacy group the Heritage Foundation, said. “When Heritage filed our lawsuit against this unconstitutional mandate, we expected the fight would ultimately end up at the U.S. Supreme Court,” he said.
“That day is here. This is a pivotal moment for our judicial system,” Roberts added. “The outcome of this case will have consequences far beyond a mandate over the COVID vaccine.”
If the court fails to overturn the mandate, a Senate-passed resolution could abolish the requirement under the Congressional Review Act. While only supported by two Democrats — Montana Sen. Jon Tester and West Virginia Sen. Joe Manchin III — all of the Senate Republicans were behind the legislation.
However, Democrats in the House of Representatives could kill the measure since they have a majority. Biden would not sign off on it anyway, but having him commit to that position would bode well for the GOP in the 2022 midterms since 51% of all Americans oppose the mandates.
It’s unclear whether the courts will rule that the U.S. government can mandate a medical procedure. If they can make workers take an experimental jab, there’s no telling what else they’ll try to compel the American people to do.