Supreme Court receives appeals asking Kavanaugh to block large employer vaccine mandate

Business groups, religious nonprofits and Republican-led states want to freeze a federal appeals court decision from Friday that revived the mandate while the appeals process plays out. As an alternative argument, some of the parties say they want the court to step in now and hear arguments in the case, bypassing the normal appeals process.

Separately, the justices are already considering an appeal to the Biden’s administration vaccine mandate aimed at health care workers. The court has also asked for a response in that dispute by December 30.

The Occupational Safety and Health Administration, which falls under the US Labor Department, unveiled the new rules on November 4, citing its authority to issue an emergency temporary standard to protect employees if they are exposed to a “grave danger.” It requires employers with 100 or more employees to ensure that their employees are fully vaccinated or undergo regular testing and wear a face covering at work.

Last Friday, OSHA posted a statement on its website saying that it was “gratified” with the appeals court decision and that to “account for any uncertainty” due to the legal changes it will not issue citations for noncompliance to employers before January 10.

In one application filed by the Buckeye Institute, lawyers argue that the Biden administration, “frustrated with a minority of Americans’ medical choices,” has attempted “to control and surveil the vaccination schedules of enormous swaths of the country’s population.”

Another petition from a coalition of business groups said they would be irreparably harmed by the requirement because they will “permanently lose clients and reputation as a result of losing workers who immediately quit and join smaller companies rather than be vaccinated or tested weekly.”

Lawyers for the Alliance Defending Freedom representing religious nonprofits and businesses said that OSHA had exceeded its authority in issuing the requirement. The groups say they object to the mandate’s “financial burdens, its restrictions on employee hiring, and its coercion of employee choices.”