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Supreme Court upholds HHS’ vaccine requirement for healthcare workers, blocks OSHA’s large employer mandate

January 13, 2022

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The Supreme Court has narrowly decided to allow Health and Human Services (HHS) to require COVID-19 vaccination among healthcare facilities employees but blocked the federal government’s broader vaccine-or-mask mandate for employers with at least 100 employees.

Announced Thursday, the former decision passed by a 5-4 vote with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett dissenting.

“The challenges posed by a global pandemic do not allow a federal agency to exercise power that Congress has not conferred upon it. At the same time, such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have,” the top court wrote in its opinion.

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