U.S. Supreme Court blocks Biden vaccine-or-test policy for large businesses

Proverbs 29:2 When the righteous thrive, the people rejoice; when the wicked rule, the people groan.

By Lawrence Hurley and Andrew Chung

WASHINGTON (Reuters) -The U.S. Supreme Court on Thursday blocked President Joe Biden’s pandemic-related vaccination-or-testing mandate for large businesses at a time of escalating COVID-19 infections while allowing his administration to enforce its separate vaccine requirement for healthcare facilities.

The court acted after hearing arguments last Friday in the legal fight over temporary mandates issued in November by two federal agencies aimed at increasing U.S. vaccination rates and making workplaces and healthcare settings safer. The cases tested presidential powers to address a swelling public health crisis that already has killed more than 845,000 Americans.

The court was divided in both cases. It ruled 6-3 with the six conservative justices in the majority and three liberal justices dissenting in blocking the broader workplace ruling. The vote was 5-4 to allow the healthcare worker rule, with two conservatives, Chief Justice John Roberts and Justice Brett Kavanaugh, joining the liberals in the majority.

The federal workplace safety agency issued a rule affecting businesses with at least 100 workers requiring vaccines or weekly COVID-19 tests – a policy applying to more than 80 million employees. Challengers led by the state of Ohio and a business group asked the justices to block the Occupational Safety and Health Administration (OSHA) rule after a lower court lifted an injunction against it. Companies were supposed to start showing they were in compliance starting this past Monday.

The other mandate required vaccination for an estimated 10.3 million workers at about 76,000 healthcare facilities including hospitals and nursing homes that accept money from the Medicare and Medicaid government health insurance programs for elderly, disabled and low-income Americans.

The court’s unsigned ruling regarding larger businesses said that the OSHA rule was not an ordinary use of federal power.

“It is instead a significant encroachment on the lives – and health – of a vast number of employees,” the court said.

The court’s majority downplayed the risk COVID-19 specifically poses in the workplace, comparing it instead to “day-to-day” crime and pollution hazards that individuals face everywhere.

“Permitting OSHA to regulate the hazards of daily life -simply because most Americans have jobs and face those same risks while on the clock – would significantly expand OSHA’s regulatory authority without clear congressional authorization,” the court said.

In dissent, Justice Stephen Breyer wrote on behalf of the liberal justices that the decision “stymies the federal government’s ability to counter the unparalleled threat that COVID-19 poses to our nation’s workers.”

The United States leads the world in COVID-19 deaths and infections.

The high court blocked a Dec. 17 decision by the Cincinnati-based 6th U.S. Circuit Court of Appeals that had allowed the mandate to go into effect.

The court’s order blocking enforcement while litigation continues in a lower court likely signals doom for the administration’s attempt to boost vaccination numbers by harnessing federal powers to protect workplace health and safety.

‘DO NO HARM’

In the healthcare facilities case, the court’s differently comprised majority concluded that the regulation “fits neatly” within the power Congress conferred on the government to impose conditions on Medicaid and Medicare funds, which includes policies that protect health and safety.

“After all, ensuring that providers take steps to avoid transmitting a dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm,” the court said.

The justices lifted orders by federal judges in Missouri and Louisiana blocking the policy in 24 states, allowing the administration to enforce it nearly nationwide. Enforcement was blocked in Texas by a lower court in separate litigation not at issue in the case before the Supreme Court.

Workers must be vaccinated by the end of February under the mandate.

The White House has said the two mandates will save lives and strengthen the U.S. economy by increasing the number of vaccinated Americans by the millions. U.S. Solicitor General Elizabeth Prelogar told the justices that the pandemic poses a particularly acute workplace danger, with employees getting sick and dying every day because of their exposure to the coronavirus on the job, with outbreaks across all industries.

The challengers argued that the two federal agencies overstepped their authority in issuing the mandates without specific authorization by Congress.

The Supreme Court’s consideration of the challenges to the mandates underscored how divisive the issue of vaccination has become in the United States, as in many nations. Many Republicans have been critical of vaccine mandates imposed by governments and businesses.

The pandemic has presented an ongoing test for Biden since he took office in January 2021, having promised to improve the federal response to the crisis after an approach by his predecessor Donald Trump that critics called disjointed. But like many other countries the United States is still struggling to overcome the pandemic and is facing an upswing in COVID-19 cases driven by the fast-spreading Omicron coronavirus variant.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

New York City, California mandate COVID-19 vaccines for government workers

By Gabriella Borter and Maria Caspani

NEW YORK (Reuters) – California and New York City will require government workers to get vaccinated against COVID-19 or be regularly tested for the virus, officials said on Monday, signaling a new level of urgency in their effort to stem a wave of infections caused by the Delta variant.

New York City Mayor Bill de Blasio said on Monday that the city would require its more than 300,000 employees to get vaccinated by Sept. 13 or else get tested weekly. His announcement came a week after the city passed a vaccine mandate for all healthcare workers at city-run hospitals and clinics.

A few hours later, California Governor Gavin Newsom said that all state employees, some 246,000 people, would be required to get vaccinated starting in August or else be subjected to COVID-19 testing on a minimum weekly basis.

“We’re at a point now in this pandemic where an individual’s choice to not get vaccinated is impacting the rest of us,” Newsom told a press conference on Monday.

Federal and local officials have been warning about a rise in COVID-19 cases with increasing urgency in recent weeks. Across the country, many have aggressively emphasized the importance of getting vaccinated – including some Republican leaders who previously refrained from openly endorsing the vaccines.

On Monday, the Department of Veterans Affairs became the first federal agency to require its employees to get vaccinated.

The mandates this week mark the boldest efforts yet by government agencies to curb the country’s outbreak caused by the highly transmissible Delta variant of COVID-19, which was first found in India earlier this year.

The Delta variant has quickly caused case numbers to spike after the United States enjoyed a drop-off in cases and hospitalizations when vaccines became widely available in the spring.

The Delta variant has also delayed any consideration by the United States to lift existing travel restrictions in the near future, a White House official told Reuters.

At this point, the sharpest increases in COVID-19 cases are in places with lower vaccination rates. Florida, Texas and Missouri account for 40% of all new cases nationwide, with around one in five of all new U.S. cases occurring in Florida, White House adviser Jeffrey Zients said last week.

Just under 50% of the U.S. population is fully vaccinated, according to the U.S. Centers for Disease Control and Prevention (CDC).

The number of vaccine doses administered daily peaked at 4.63 million on April 10, according to CDC data, and it has stagnated and declined since.

On Sunday, the CDC reported an uptick in the number of vaccine doses administered in a day – 778,996, the most given in a 24-hour period since the United States reported giving 1.16 million doses on July 3.

MANDATE RESISTANCE

COVID-19 vaccine and testing mandates remain a point of contention and have already sparked legal opposition in the case of public universities. Opponents see them as a violation of individual rights.

But officials have justified them because the vaccines have proven to be safe and dramatically reduce people’s risk of hospitalization and death from the virus.

Some 57 medical associations on Monday published a statement calling for all healthcare and long-term care employers in the United States to require their employees to get vaccinated, calling it “the logical fulfillment of the ethical commitment of all healthcare workers to put patients as well as residents of long-term care facilities first.”

New York City’s largest public employee union, DC 37, took legal issue with the city’s mandate on Monday.

“If City Hall intends to test our members weekly, they must first meet us at the table to bargain. While we encourage everyone to get vaccinated and support measures to ensure our members’ health and wellbeing, weekly testing is clearly subject to mandatory bargaining,” Executive Director Henry Garrido said in a statement.

De Blasio cited the Delta variant as the city’s reason for moving beyond promoting voluntary vaccination.

“It was one thing to start with a heavy voluntary focus in the beginning and then incentive focus, but it’s quite clear the Delta variant has changed the game,” he said.

(Reporting by Gabriella Borter, Maria Caspani, Jan Wolfe and David Shepardson; Editing by Andrea Ricci)

Biden says all U.S. governors should mandate masks to slow coronavirus’ spread

By Trevor Hunnicutt

WILMINGTON, Del. (Reuters) – Democratic presidential contender Joe Biden on Thursday called on all U.S. governors to mandate mask wearing to slow the spread of the coronavirus that has killed more than 165,000 people in the United States.

In his second day on the campaign trail with former rival and now running mate Kamala Harris by his side, Biden made the call for a nationwide mandate on masks after a virtual meeting with public health advisers in his hometown of Wilmington, Delaware.

“Every single American should be wearing a mask when they’re outside for the next three months,” Biden said. “Every governor should mandate mandatory mask wearing.”

He said that early delays in calling for masks led to unnecessary deaths.

President Donald Trump, the man he is trying to unseat in November, long refused to wear one in public. That turned masks into a political symbol and sparked squabbles across the country in which other Republican elected officials and some Trump supporters have angrily refused to wear them.

Public health officials agree that wearing masks in public slows the spread of the respiratory disease that has infected more than 5.2 million Americans.

“I hope we’ve learned our lesson. I hope the president has learned his lesson,” said Biden, the former vice president.

Harris, a U.S. senator from California and former prosecutor, added: “I think it’s important that the American people looking at the election coming up ask the current occupant of the White House, ‘When am I going to get vaccinated? When am I actually going to get vaccinated?’

“Because there may be some grand gestures offered by the current president about a vaccine but it really doesn’t matter until you can answer the question ‘When am I going to get vaccinated.’”

The first Black woman and Asian American on a major-party U.S. presidential ticket, Harris will have three roles to play in the campaign: energizing people to vote and volunteer, outlining Biden’s policy vision, and prosecuting the case against Trump, according to a person familiar with the strategy.

Trump long played down the risks of the coronavirus pandemic, which has killed more people in the United States than in any other country and thrown tens of millions of Americans out of work.

Harris is expected to focus on Trump’s response to the crisis, which has been an effective argument for Biden so far.

After introducing Harris’ personal story on Wednesday in their first joint appearance since picking his running mate, Biden quickly moved to talking about the urgency of the moment.

Trump, for his part, on Thursday tweeted that the media were giving Harris “a free pass despite her Radical Left failures and very poor run in the Democrat Primary.”

A Trump ally conceded privately that the Democratic pair had a “good day” on the campaign trail. Biden’s campaign said they collected $34.2 million on Tuesday and Wednesday after announcing Harris as the running mate, a record pace of fundraising.

In her debut appearance as Biden’s running mate on Wednesday, Harris delivered a rebuke of Trump’s leadership and highlighted the historic significance of her new role.

In the coming weeks, Harris will do events in person and virtually, including several jointly with Biden, similar to some of the socially distanced campaign stops and speeches Biden has given in recent weeks in Delaware and Pennsylvania.

The campaign is still unsure of how they will conduct future appearances, saying they intend to follow local public health guidance that continues to discourage large gatherings.

(Reporting by Trevor Hunnicutt; Editing by Scott Malone, Nick Zieminski and Sonya Hepinstall)