President Joe Biden's administration on Thursday requested the Supreme Court to uphold its vaccine-or-test mandate for U.S. employers with 100 or more workers as several business groups and Republican-led states seek to strike down the measure.
The Justice Department filed the administration's brief in response to petitioners against the Occupational Safety and Health Administration rule who allege it is an unconstitutional exercise of government power.
“The nation is facing an unprecedented pandemic that is sickening and killing thousands of workers around the country, and any further delay in the implementation of the [rule] will result in unnecessary illness, hospitalizations, and deaths because of workplace exposure to [COVID-19],” Solicitor General Elizabeth Prelogar wrote in the filing.
SUPREME COURT TO HEAR ARGUMENTS ON BIDEN'S VACCINE-OR-TEST MANDATE
The request comes as the highest court prepares to hear arguments in the National Federation of Independent Business v. OSHA case on Jan. 7, the same day justices convene to hear arguments over a federal vaccine mandate for workers at hospitals that receive government funds.
In a Dec. 17 ruling, a panel for the 6th Circuit Court of Appeals said the OSHA rule for large businesses was valid. Petitioners initially gained favor in the 5th Circuit when judges ruled on Nov. 12 to extend its stay on the mandate.
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If the Supreme Court does not move to strike down the mandate, enforcement for the OSHA vaccine-or-test mandate begins on Feb. 9, requiring employees of large businesses to either be fully vaccinated or be subject to weekly COVID-19 tests. Businesses not in compliance may be subject to fines up to $14,000 per violation.