Jan 14, 2022
According to Fox Business News:
Yesterday, the court ruled in the case, blocking Biden’s vaccine mandate for large employers (100 or more), while allowing a narrower one for health care providers.
The Court ruled that OSHA lacked the authority to impose such a mandate because the law that created OSHA "empowers the Secretary to set workplace safety standards, not broad public health measures."
Although COVID-19 is a risk that occurs in many workplaces, it is not an occupational hazard in most," the Court ruled. "COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases." By contrast, in Biden v. Missouri, the Court ruled that Health and Human Services Secretary Xavier Becerra did have the authority to require all health care workers at institutions that receive Medicare and Medicaid funding to get the jab, unless they get medical or religious exemptions.
While multiple states argued that HHS did not have the scope to issue such a mandate, the Court noted that "healthcare facilities that wish to participate in Medicare and Medicaid have always been obligated to satisfy a host of conditions that address the safe and effective provision of healthcare, not simply sound accounting." The bottom line, it all comes down to who is getting funding.