One sentence from the Supreme Court's ruling against an OSHA vaccine rule reveals its upside-down logic
2 years, 11 months ago

One sentence from the Supreme Court's ruling against an OSHA vaccine rule reveals its upside-down logic

Raw Story  

In a new ruling on Thursday, the six conservative justices on the U.S. Supreme Court blocked the Biden administration from implementing a sweeping requirement for vaccines under the Occupation Safety and Health Administration. The next sentence in the decision only further highlights the majority's confused reasoning: "COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather." OSHA’s indiscriminate approach fails to account for this crucial distinction— between occupational risk and risk more generally—and accordingly the mandate takes on the character of a general public health measure, rather than an “occupational safety or health standard.” Here, the justices admit that COVID-19 can be a workplace hazard. There's nothing in the law to prohibit the administration from doing this, and there's no clean distinction between public health and workplace safety anyway, as the schools and sporting events examples show. As the liberals pointed out in dissent, there's nothing in the law to justify the majority's distinction between workplace hazards and more general public health hazards: Of course, the majority is correct that OSHA is not a roving public health regulator, see ante, at 6–7: It has power only to protect employees from workplace hazards.

History of this topic

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