The decision of the Supreme Court could impact some 80 million workers, but would save thousands of lives, according to the authorities.
The resolution, which keeps the highest court of justice in the United States divided, could take weeks to arrive and would impact some 80 million employees, since the Court will have to determine whether or not the Biden Administration can require companies with more than 100 employees who get vaccinated before February 9.
“This is a pandemic in which almost a million people have died,” Judge Elena Kagan said during the hearing. “It is by far the greatest public health danger this country has faced in the last century. And this is the policy most geared toward stopping all of this,” he added.
Chief Justice John Roberts, however, cast doubt on the Administration’s argument that a half-century-old law, the Occupational Safety and Health Act, confers such broad authority. “This is something the federal government has never done before,” he quoted.
For his part, Scott Keller, a former Texas attorney general, who represents business associations, said that the rule requiring COVID vaccinations would lead many workers to resign.
“It would cause the permanent displacement of workers, which would affect our national economy,” argued Keller. “Part of the problems we’re seeing with this rule is that it’s not really intended to regulate a workplace hazard,” he added.
After a first day of argument, the three liberal justices on the court suggested supporting the employer rule; however, legal challenges to the policies of states and business groups led by Republicans and religious groups are in their early stages.
As the debate continues, starting Monday, unvaccinated employees at large companies are supposed to wear masks at work, unless the court blocks enforcement of the rule. But the testing requirements and potential penalties for employers don’t go into effect until February.
Government arguments
The Occupational Safety and Health Administration (OSHA) has estimated that its emergency regulation will save, in this agency alone, some 6,500 lives and prevent 250,000 hospitalizations over six months.
Nearly 207 million Americans, 62.3% of the population, are fully vaccinated and more than a third of them have received booster shots, including all nine Supreme Court justices.
The high court is evaluating vaccine administration policies for the first time, though justices have rejected requests to block state-level mandates.
Both the vaccination case came to court as an emergency, and the court took the unusual step of scheduling arguments rather than simply ruling on the parties’ briefs. Unlike other cases heard by the court, a decision from the judges could come in weeks, if not days.