Two cases reached the nation's highest court at a time of spiking coronavirus cases because of the omicron variant. The seven justices wore masks for the first time while hearing arguments.
This artist sketch depicts lawyer Scott Keller standing to argue on behalf of more than two dozen business groups seeking an immediate order from the Supreme Court to halt a Biden administration order to impose a vaccine-or-testing requirement on the nation's large employers during the COVID-19 pandemic, at the Supreme Court in Washington, Friday, Jan. 7, 2022. Solicitor General Elizabeth Prelogar, the Biden administration's top Supreme Court lawyer, is seated at right.
“This is something the federal government has never done before,” Chief Justice John Roberts said, casting doubt on the administration’s argument that a half-century established law, the Occupational Safety and Health Act, confers such broad authority. Legal challenges to the policies from Republican-led states and business groups are in their early stages, but the outcome at the high court probably will determine the fate of vaccine requirements affecting more than 80 million people.
“I think effectively what is at stake is whether these mandates are going to go into effect at all,” said Sean Marotta, a Washington lawyer whose clients include the American Hospital Association. The trade group is not involved in the Supreme Court cases. Andy Slavitt, a former adviser to the Biden administration on COVID-19, said the vaccine requirements are extremely effective for 15% to 20% of Americans “who don’t like to get a shot but they will and don’t have any strenuous objection.”
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