Benesch: SCOTUS decisions on COVID-19 vaccine mandates have repercussions for employers, healthcare facilities

The Supreme Court decided two cases relating to COVID-19 vaccination mandates. In the first case, SCOTUS ruled 6-3 that effectively ended the Occupational Safety and Health Administration (OSHA) vaccinate-or-test policy in workplaces with at least 100 employees. The majority felt OSHA’s mandate to regulate occupational dangers didn’t extend to more broad public health measures. In the second case, justices voted 5-4 to uphold a CMS mandate requiring federally-funded healthcare facilities to require healthcare workers to be vaccinated, saying it’s within the power of the agency to institute measures that protect the health of patients. Benesch points out the OSHA ruling did leave open the possibility for a more narrowly-focused vaccine mandate, however, the Biden Administration indicated it’s unlikely to pursue that course as it would likely lead to more litigation. Therefore, it’ll be up to individual states and employers to determine their own vaccine protocols. As for the CMS mandate, Benesch notes that “established survey and enforcement processes” will be employed to ensure healthcare facilities comply with the rule.