Covid is still lingering after nearly two years. About 40 states recorded positivity rates above 20% last week, and ICU beds are reaching 80% capacity with 22% due to covid-19. While milder than other variants, the Omicron surge transmitted to a large sect of the population. Although it looks as if the U.S. is almost at the end of the Omicron peak, concerns grow about the next variant and its capabilities.
In November, the Biden Administration issued vaccination mandates in the hopes of quelling the virus via the Occupational Safety & Health Administration (OSHA). However, these mandates were delayed for two months in the courts, with some states and private entities challenging the executive authority of the Biden Administration to implement the directives. Over such time states such as Montana and Tennessee passed state laws to ban vaccine mandates entirely, and nine other states placed strict limitations attempting to curb federal power. Although federal authority supersedes that of the states, the laws passed by those state legislatures display significant opposition to the mandates. The issue became such a prominent topic that the Supreme Court (SCOTUS) recently interjected.
So far, the Biden Administration rolled out five different vaccine mandates. These mandates require certain employees to get vaccinated or submit to weekly testing. Based off recent rulings here is the status of the current mandates.
- Large Businesses – The mandate requires companies with 100 or more employees to get their Covid shot or submit to weekly testing, affecting approximately 84 million workers. SCOTUS heard the case last week only to determine if the mandate was to go into effect while the federal appeals courts considered all legal challenges. In a 6-3 ruling, the court said the mandate breaches OSHA’s federal authority. Justices who sided against the federal order primarily cited concerns with OSHA’s scope of power rather than issues with the mandate itself. Those in the majority opinion did state the possibility of a smaller version of the vaccine or test mandate via OSHA could go through in the future, reserved only for workers who must be in crowded or cramped spaces to fulfill their job duties.
- Federal Contractors – As of January 19th, the mandate is being blocked by the U.S. District Courts in Georgia, who issued a stay. It applies to all states as one of the parties challenging the order is a nationwide association. This mandate will likely make its way to the higher courts.
- Health Care Workers – Any employees of a facility or healthcare center that accepts or participates in Medicare or Medicaid funding must be vaccinated. This requirement challenged by states like AK, AR, IA, KS, NE, NH, ND, MO, SD & WY will be upheld. SCOTUS ruled 5-4 to allow the mandate to stay in place. The court is permitting this mandate to stand pointing to precedent that allows the Health and Human Services Administration (HHS) to require and enforce safety measures to prevent diseases/infections. Like the large business mandate, the appeals courts will need to work out challenges. However, both the large business and healthcare workers' rulings from SCOTUS are unlikely to change.
- Federal Workers – Those who work in the federal government are also required to be vaccinated or submit to weekly testing. As of early December, 90%, of federal employees had at least one vaccine dose. Challenges to this mandate are being denied thus far. The federal worker's mandate is scheduled to be in full enforcement come February, barring any legal roadblocks.
- Military Personnel – Despite some opposition from states like Oklahoma and Texas, lower courts have rejected arguments against the mandate. Precedent shows that vaccination in the military is permissible due to the long history of mass vaccination requirements dating back to the Revolutionary War. Though, recent rulings are now allowing certain religious exemptions on a case-by-case basis. Currently, 97% of active U.S. service members have at least one dose of the covid-19 vaccine.
Overall, healthcare and federal workers, along with military personnel, will be required to comply with the mandates or potentially risk losing their positions. Whereas the large business mandate is likely to be knocked down pending challenges in the appeals court. The federal contractor vaccine requirement is the only mandate still in the air.
It is well established that vaccines are working in the U.S., and some companies will still require them. Recent polling shows that the majority of American workers support vaccine mandates. Covid vaccines are medically proven to reduce fatality and hospitalization rates significantly. However, with recent SCOTUS rulings, vaccine mandates for large businesses and federal contractors will be difficult to uphold or federally enforce. There are also growing concerns among the general public regarding the limits of federal power. For now, courts, legislators, and businesses will continue to grapple with the scope of authority regarding vaccination requirements leaving the private sector to chart course on the issue