Court watchers predict Biden’s vax mandates will be blocked in the Supreme Court

A new report from The Washington Free Beacon argues that President Joe Biden’s COVID-19 vaccine mandates are likely to be blocked by the U.S. Supreme Court. 

The outlet based its prediction on oral arguments that took place last week in which the court’s conservative majority seemed to side with those challenging Biden’s mandates.

“In an emergency hearing, the Court’s conservatives seemed persuaded by trade groups and red states who say vaccine mandates should be crafted by Congress or the states, and not a federal agency,” the Free Beacon reports.

Background

Last week, the Supreme Court justices heard arguments challenging two of Biden’s vaccine mandates.

One is the vaccine mandate that Biden announced last September that requires businesses with more than 100 employees to force the workers to get vaccinated against COVID-19 or to undergo regular testing.

The Occupational Safety and Health Administration (OSHA) was tasked by Biden with implementing and enforcing the mandate, and it has a rule that — with limited exceptions — requires unvaccinated employees to pay for their own testing and to wear masks at all times. The rule is already supposed to be in effect, and non-complying employers have been threatened with hefty fines.

The justices also heard oral arguments for the mandate that Biden issued through the Centers for Medicare and Medicaid Services. That mandate requires healthcare workers who work at facilities that receive Medicare and Medicaid funding to get vaccinated.

Oral arguments

As Fox News reported, the justices clearly seemed divided along ideological lines during oral arguments, with the liberal side arguing in favor of the mandates, and the conservatives on the high court arguing against them.

Left-leaning Justice Sonia Sotomayor, for example, made national headlines by falsely claiming that the omicron variant is as deadly as the delta variant and that 100,000 children are in hospitals in “serious condition” from it. She used the false stats to argue for the necessity of the mandates, which she claimed were not really vaccine mandates at all, since individuals, in her view, can choose to mask up and get tested instead.

The conservative justices, though, hammered home a number of points, including that the mandates could have been more narrowly tailored to their end. They also seemed to take issue with the Biden administration using federal agencies to implement the mandates seemingly as a “work-around” to issuing the mandates through Congress.

Decision is imminent

The justices have yet to announce their decision. But, one is expected to come soon given the urgency of the situation.

It is anticipated that hundreds of thousands of individuals would likely quit their jobs should Biden’s mandates take effect.

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