摘要: |
BY A 6-3 MARGIN WITH ALL SIX CONSERVATIVE JUDGES ruling in tandem, last month the Supreme Court issued a much-anticipated decision against the Occupational Safety and Health Administration's (OSHA) "vaccine or test" Emergency Temporary Standard (ETS). "The question before us is not how to respond to the pandemic, but who holds the power to do so," Justice Neil Gorsuch wrote in a concurring opinion. "The answer is clear: Under the law as it stands today, that power rests with the States and Congress, not OSHA." The Court reinstated the stay that had been dissolved by the Sixth Circuit Court of Appeals panel. The case was brought by the National Federation of Independent Business (NFIB). The NFIB's legal challenge argued three main points: OSHA needed to use the typical notice-and-comment procedure for the mandate to gather input; a nationwide COVID-19 vaccine and testing mandate, monitoring and database is fundamentally a policy decision that should be left to Congress; and the mandate would result in unrecoverable compliance costs, lost profits, lost sales and further exacerbate the labor shortage for small businesses. |