The U.S. Supreme Court struck down the Biden administration’s vaccine-or-test rule Thursday, declaring that the Occupational Safety and Health Administration had exceeded its authority. But at the same time, the court upheld a regulation issued by the Centers for Medicare and Medicaid Services that mandates vaccines for almost all employees at hospitals, nursing homes, and other health care providers that receive federal funds.
The vote to invalidate the vaccine-or-test regulation was 6 to 3, along ideological lines.
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the majority said in an unsigned opinion. “Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”