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.



CAC case page in 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:


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