The U.S. Supreme Court has ruled that Joe Biden’s vaccinate mandate is not constitutional.
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the court wrote in its unsigned opinion released Thursday. “Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”
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The 6-3 decision is the latest major setback for an administration with few if any wins under its belt as it approaches the first anniversary of the president’s inauguration. Breyer, Sotomayor and Kagan dissented.
A narrower 5-4 majority did, however, preserve the vaccine mandate for medical facilities which receive Medicare or Medicaid payments. Chief Justice John Roberts and Justice Brett Kavanaugh joined the liberal justices for that particular decision.
“Congress has authorized the Secretary to impose conditions on the receipt of Medicaid and Medicare funds that ‘the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services,’” the 5-4 majority concluded.
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