U.S. Supreme Court puts hold on workplace testing and masking mandates challenged by Ohio
WASHINGTON, D. C. — In a victory for Ohio and dozens of Republican-led states, the U.S. Supreme Court on Thursday decided to put a hold on the implementation of a new federal coronavirus vaccination and testing mandate for large employers while lower courts weigh the policy’s legality. At the same time, it allowed a separate policy to go forward that requires vaccinations for most health care workers at federally funded facilities.
The decision on workplaces said that challenges to emergency rule from the Occupational Safety and Health Administration would likely prevail on the merits of its claim that the Secretary of Labor lacks authority to impose the mandate. It said existing laws empower the Secretary of Labor to set workplace safety standards, not broad public health measures.
“Administrative agencies are creatures of statute,” said the decision by the court’s six-member conservative block. “They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no “everyday exercise of federal power.’”
Ohio Solicitor General Ben Flowers represented a coalition of 27 states last week in arguing against the law at the U.S. Supreme Court, telling the court the federal government can’t impose rules on workplaces to mitigate a risk that’s present everywhere, such as a virus. The disputed policy would require all employers with 100 or more workers to ensure their workforce is fully vaccinated and that any unvaccinated employees wear masks and submit negative COVID-19 test results each week. An attorney representing the National Federation of Independent Business also argued against the provision.
A statement from Ohio Attorney General Dave Yost praised the decision.
“Americans have lost too much to this disease already – all of us want this pandemic to end – but it is critical that we do not lose our Constitution, too,” Yost said. “Today’s ruling protects our individual rights and states’ rights to pursue the solutions that work best for their citizens.”
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