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   From: noreply@mixmin.net   
      
   Announcement creates more uncertainty for employers, health care   
   workers   
      
   The Supreme Court will hear emergency challenges to two of the Biden   
   administration's vaccine mandates during a special session in   
   January.   
      
   The mandates at issue apply to health care personnel and businesses   
   with at least 100 employees, affecting tens of millions of workers   
   across the nation. A coalition of red states, business groups, and   
   religious organizations say both mandates go beyond the   
   administration's authority.   
      
   The appeals come as the Biden administration is scrambling to scale   
   up testing capacity two years into the pandemic. The employer   
   mandate underscores the testing gaps, as millions of unvaccinated   
   workers could be required to submit to tests they can't access.   
   President Joe Biden said in an interview Wednesday that he wished he   
   had taken steps to improve the supply of tests earlier, after   
   denying his approach was too lethargic during a press conference on   
   Tuesday.   
      
   The announcement creates still more uncertainty for regulated   
   employers. Affected health care workers are supposed to complete   
   their vaccination regimens by Jan. 4. And the Occupational Safety   
   and Health Administration was slated to begin enforcing the employer   
   mandate on Jan. 10. It's unlikely the appeals will be resolved at   
   that point, so the agency and covered workplaces will be in a   
   holding pattern for the time being.   
      
   "The small business economy remains fragile as owners manage several   
   challenges such as staffing shortages and supply chain disruptions   
   while doing their part to end the COVID-19 pandemic," said Kevin   
   Kuhlman of the National Federation of Independent Business. "These   
   challenges would be exacerbated by the [mandates]." The NFIB is one   
   of the lead plaintiffs in Wednesday's cases.   
      
   The employer rule requires businesses with at least 100 workers to   
   either mandate vaccinations or keep records on the vaccination   
   status of all their employees. Unvaccinated workers must wear a mask   
   at all times and pay for regular testing. As an emergency standard,   
   the rule will remain in place for at least six months. It's unclear   
   if a permanent analog will follow.   
      
   OSHA has imposed emergency workplace standards nine times in its   
   history, but never to compel a medical procedure. Critics of the   
   move stress that OSHA's regulatory authority is tethered to the   
   workplace itself, while COVID transmission is possible anytime,   
   anyplace.   
      
   "A nationwide vaccine mandate that has nothing to do with workplace   
   risk is a dangerous and unlawful use of executive power," said Ohio   
   attorney general Dave Yost, who leads the red state coalition   
   fighting the mandate. "Congress has not given the president the   
   power to make personal health care decisions for all Americans who   
   just so happen to work at a company with at least 100 employees."   
      
   The Sixth U.S. Circuit Court of Appeals upheld the mandate on Dec.   
   17, prompting a flurry of emergency appeals to the Supreme Court.   
   The Justice Department will respond to those appeals in legal   
   filings due Dec. 30. Some 80 million workers are covered under the   
   rule.   
      
   The health care rule dictates that providers or suppliers who take   
   Medicare or Medicaid funds must mandate vaccinations in their   
   workplaces. The rule covers about 10 million medical personnel, 2.5   
   million of whom are unvaccinated, according to court documents. The   
   Biden administration asked the High Court for clearance to enforce   
   the directive across the country on Dec. 16, after two federal   
   appeals courts put it on hold across 24 states.   
      
   Wednesday night's orders mark the third time this term that the   
   Court has scheduled oral arguments in an emergency appeal, which are   
   usually resolved on the legal papers alone without a thorough   
   explanation. The Court's emergency procedures have come under heavy   
   criticism in recent months from predominantly left-wing sources. The   
   pattern is a sign that some of the justices are sensitive to those   
   criticisms and adjusting accordingly.   
      
   The cases are No. 21A244 NFIB v. Department of Labor and No. 21A240   
   Biden v. Missouri.   
      
      
   https://freebeacon.com/courts/supreme-court-will-hear-emergency-   
   challenges-to-biden-vaccine-mandates/   
      
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