SCOTUS Sides With COVID By Striking Down Biden's Vaccine Mandate For Businesses

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Published on 14 Jan 2022, 17:00
On Thursday, the US Supreme Court struck down part of President Biden's vaccine mandate, end the "vaccine or test" provision for businesses but allowing the mandate for healthcare workers to remain in place. This comes as a bit of a surprise, as the mandate for businesses did, in fact, allow for individuals to opt out and just get tested instead. Ring of Fire's Farron Cousins discusses this ruling and the potential ramifications from it.

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*This transcript was generated by a third-party transcription software company, so please excuse any typos.

Yesterday, the US Supreme Court decided that president Biden's mandate for either vaccines or testing for corporations is not apparently legal. They did, however, a little, you know, glimmer of hope say that the mandate for healthcare workers working in facilities that receive either Medicaid or Medicare dollars, that can stand. But of course, the order that would've protected 80 million Americans cannot. So this came as a bit of a surprise, at least to me. And of course, plenty of other people that I've seen on social media, because we do have legal precedent for this. Right. Jacobson V Massachusetts 1905 statewide vaccine mandates upheld by the United States Supreme Court. It would seem this precedent would allow for the United States president to issue a similar order via OSHA.

Well, in a six to three vote along party lines, the US Supreme court disagreed with that. They said that they're not sure that the president has the authority, the legal authority to actually do this. So in the middle of yet another surge of Omicron with the United States breaking daily new case records almost on a daily basis at this point, we cannot force corporations to either vaccinate or test their employees. And again, that's the other part of this that makes it really strange that they couldn't uphold this because it wasn't actually even a vaccine mandate. It was vaccinate or test. There were opt outs. Nobody would have actually been forced to get the vaccine if they did not want it. So what this is gonna do is it's going to allow people to be forced back to work, essentially. They don't have to get tested. If the company wants to invoke any kind of personal, you know, testing policies, they can do that.

But other than that, it's up to the whims of those corporations to decide whether or not they're going to protect their workers and we all know how that's going to play out. When given the choice, corporations will always go with the cheaper option and the cheaper option is to never protect your employees unless of course you're forced to do so. So my prediction from this ruling is that we will once again, see a spike in cases. We will see businesses have to, you know, maybe close down, go back to remote work because all the staff ends up getting sick. We're already seeing that in parts of the country now, and that's all because of this ruling. So another point I wanna make about this that was actually brought up by Sam Seder on Twitter yesterday is the fact that this ruling could then be used later on to strip OSHA of even more of their powers to protect American workers and businesses.

Because again, that's what the ruling says. We don't think OSHA has the authority to issue these kinds of protections for American workers. And if you don't think that this conservative Supreme Court or that any conservative group out there, business group out there, would want it to try to use this to say that, hey, maybe that means we don't have to protect them from these toxic chemicals. Maybe we don't have to have them wear hard hats when they're walking through areas where things could easily fall on their heads. It's likely to happen. And this ruling, this horrid ruling from the Supreme Court is the gateway to destroying even more worker protections.