National Fed’n of Indep. Bus. v. OSHA, 595 U.S. ___, 142 S. Ct. 661 (2022)

The United States Secretary of Labor, acting through the Occupational Safety and Health Administration, enacted a vaccine mandate that would have required employers with at least 100 employees to require their employees (approximately 84 million workers) to receive a COVID-19 vaccination or to obtain a medical test each week at their own expense and on their own time and also wear a face mask each workday. After many states, businesses, and nonprofit organizations challenged the rule in court, the United States Court of Appeals for the Sixth Circuit lifted the stay on enforcement granted by a district court, and the applicants in this case then sought emergency relief from the Supreme Court, which was granted on the ground that OSHA’s mandate exceeded its statutory authority and is otherwise unlawful. But see Biden v. Missouri, 595 U.S. ___, 142 S. Ct. 647 (2022) (upholding mandate of Secretary of Health and Human Services that hospitals and other facilities receiving Medicare and Medicaid funds must ensure that their staff – unless exempt for medical or religious reasons – are vaccinated against COVID-19); Western Growers Ass’n v. Occupational Safety & Health Standards Bd., 73 Cal. App. 5th 916 (2022) (upholding California’s Emergency Temporary Standards regarding COVID-19).