Donate Button
Follow us...

COURT DECISION

NFIB v. OSHA
2022

Full name: National Federation of Independent Business, et all v. Department of Labor, Occupational Safety and Health Administration, et al : National Federation of Independent Business, et all v. Department of Labor, Occupational Safety and Health Administration, et al : Ohio, et all v. Department of Labor, Occupational Safety and Health Administration, et al : National Federation of Independent Business, et all v. Department of Labor, Occupational Safety and Health Administration, et al

Click here to read the decision



JUSTICES IN MAJORITY
Samuel Alito
Amy Coney Barrett
Neil Gorsuch
Brett Kavanaugh
John G. Roberts
Clarence Thomas

DISSENTING
Stephen Breyer
Elena Kagan
Sonia Sotomayor

Note: Court justices do not represent any political party. The color of each judge's name represents the political party of the president who appointed the judge.

Click here for a list of all Supreme Court justices





Government can't impose vaccine policy on companies

The Supreme Court stopped the federal government from enforcing its rule that large companies require their employees to either be vaccinated or get regularly tested.

The case still is being decided in a lower court. This ruling prevents the government from implementing the rule until the lower court rules on the case.

Majority: OSHA not authorized

In his majority opinion, Justice Neil Gorsuch wrote that the Occupational Safety and Health Administration (OSHA) is empowered "to set workplace safety standards, not broad public health measures."

"COVID-19... is not an occupational hazard in most (workplaces)." It is a threat "untethered, in any causal sense, from the workplace," Gorsuch wrote.

A vaccine is different from normal workplace requirements, he wrote, because a vaccination "cannot be undone at the end of the workday."

Dissent: Yes it is

In their dissent, Justices Stephen Breyer, Sonya Sotomayor, and Elena Kagan wrote that the requirement does exactly what Congress commanded OSHA to do.

They wrote that the policy does not require employees be vaccinated - only that they undergo regular testing if not vaccinated. It is something the majority obscures "by insistently calling the policy a vaccine mandate."

COVID "presents heightened dangers in most workplaces," they wrote, because it spreads in shared indoor spaces.

And it doesn't matter whether it is found outside of the workplace, they wrote, comparing it other hazards that OSHA protects against such as fire, excessive noise, and unsafe drinking water.

They also pointed out that Congress made it clear that it wanted OSHA "to carry out COVID-19 related worker protection activities" when it appropriated $100 million for the agency to do just that.

                   Tell us if we goofed                                                  Copyright