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Supreme Court Blocks Employer Vaccine-or-Test Rule

“The question before us is not how to respond to the pandemic, but who holds the power to do so,” the justices said in blocking OSHA’s requirement for large employers.

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Photo of vaccine being administered A nurse administers the Pfizer vaccine at the Javits Center in Manhattan, New York. (Photo: Ryland West/ALM)

The Biden administration’s vaccine mandate for healthcare workers will go into effect nationally, ruled a 5–4 U.S. Supreme Court on Thursday. But in a separate 6–3 vote, the court blocked the vaccine-or-test requirement for large employers.

The justices’ rulings came just days after they heard more than three hours of arguments on two sets of emergency applications. In one set, the administration asked the high court to lift injunctions halting the vaccine rule for healthcare workers in facilities receiving Medicare and Medicaid funding. In the other, a group of businesses and 27 Republican-led states wanted the court to order a stop to the employer rule while appeals proceed in the lower courts.

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