Health Care

RELEASE: Federal Appeals Court Allows OSHA Vaccinate-Or-Test Policy to Take Effect

WASHINGTON – On news of a ruling from the U.S. Court of Appeals for the Sixth Circuit allowing the Occupational Safety and Health Administration’s national vaccinate-or-test policy for businesses with 100 or more employees to take effect, Constitutional Accountability Center Chief Counsel Brianne Gorod issued the following statement:

The OSHA vaccinate-or-test policy is a critically important tool for protecting American workers from the grave dangers of COVID-19, and the Sixth Circuit was plainly right to allow that policy to go into effect. As the Court rightly recognized, the question whether Congress’s delegation of authority to establish this policy is constitutional is not even a close one under Supreme Court precedent. And it’s not a close one when one looks at constitutional text and history, either. If, as is expected, the policy’s challengers next go to the Supreme Court, the Supreme Court should allow the policy—and the critically important protections that it provides to American workers—to remain in place. In a week when we learned the tragic fact that the pandemic has claimed 800,000 members of the American family, the stakes could not be clearer.

#

Resources:

CAC case page in In Re: OSHA Rule on COVID-19 Vaccination and Testing: https://www.theusconstitution.org/litigation/cac-brief-in-re-osha-rule-on-covid-19-vaccination-and-testing/

RELEASE: CAC Tells Court: Dissolve Fifth Circuit Stay of Vaccinate-or-Test Policy, November 23, 2021: https://www.theusconstitution.org/news/release-cac-tells-court-dissolve-fifth-circuit-stay-of-vaccinate-or-test-policy/

##

Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

###

More from Health Care

Health Care
April 29, 2022

SCOTUS Ruling Curtailing Bias Remedies Goes Beyond Health Care

Bloomberg
The U.S. Supreme Court’s decision Thursday that federal anti-bias laws don’t allow plaintiffs to recover damages for...
By: Smita Ghosh, By Mary Anne Pazanowski
Health Care
Wisconsin Supreme Court

Becker v. Dane County

In Becker v. Dane County, the Wisconsin Supreme Court is considering whether local health officials can be given the authority to issue orders combatting the spread of communicable diseases like COVID-19
Health Care
January 13, 2022

RELEASE: Supreme Court Wrong to Stand in OSHA’s Way of Protecting American Workers from COVID-19

WASHINGTON – Following today’s ruling from the U.S. Supreme Court in NFIB v. OSHA, staying...
By: Praveen Fernandes
Health Care
January 7, 2022

CAC Alert: OSHA Policy on COVID-19 Vaccination or Testing

Is the OSHA policy that imposes vaccination-or-test requirements on employers with 100 or more employees...
By: Smita Ghosh
Health Care
January 7, 2022

RELEASE: Justices Hear Challenge to OSHA Vaccinate-Or-Test Policy

WASHINGTON – Following oral argument in the Supreme Court in NFIB v. OSHA, Constitutional Accountability...
By: Brianne J. Gorod
Health Care
U.S. Supreme Court

National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration (In Re: OSHA Rule on COVID-19 Vaccination and Testing)

In In re: OSHA Rule on COVID-19 Vaccination and Testing, the Supreme Court considered whether to stay the vaccinate-or-test policy that OSHA had adopted for employers with 100 or more employees.