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Supreme Court on vaccine mandates: Hospitals OK, general employment a ?no?


the Supreme Court
the Department of Health and Human Services
HHS
the Occupational Safety and Health Administration
OSHA
the Supreme Court's
Gorsuch, Thomas
Congress
COVID-19
the Ars Orbital Transmission
CNMN Collection WIRED Media Group
Condé Nast


John Timmer
Biden
Justices Gorsuch
Thomas
Alito
Breyer
Sotomayor
Kagan
Ars

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Positivity     31.00%   
   Negativity   69.00%
The New York Times
SOURCE: https://arstechnica.com/tech-policy/2022/01/supreme-court-on-vaccine-mandates-hospitals-ok-general-employment-a-no/
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Summary

The stay against the HHS rules was lifted, but only by a close 5-4 ruling.The decisions are available on the Supreme Court's website.At issue is the law authorizing OSHA to issue temporary emergency standards, which can be issued when "employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards." OSHA determined that COVID-19 posed a new hazard and presented evidence that the virus was often spread in a variety of workplaces. But they go beyond that by suggesting that Congress doesn't even have the right to give that sort of authority to regulatory agencies: "If the statutory subsection the agency cites really did endow OSHA with the power it asserts, that law would likely constitute an unconstitutional delegation of legislative authority."The dissent by Justices Breyer, Sotomayor, and Kagan focuses on the plain language of legislation that OSHA cites for its authority, concluding that COVID-19 definitely qualifies as both a "grave danger" and "new hazard." It notes that the rule issued by OSHA was backed up by extensive documentation of spread within a variety of workplaces—not strictly cramped or crowded ones.

As said here by John Timmer