The U.S. Supreme Court hears oral arguments this morning starting at 10 a.m. Eastern in two cases regarding Biden administration vaccine mandates. Audio of the argument is streamed live and a transcript will be available later.
The first case, which has received the most attention, involves OSHA’s large employer vaccinate or test mandate (dockets here and here), and the second case involves a CMS mandate for healthcare workers (dockets here and here). In the OSHA case various states and other are suing to stop the OSHA order, in the CMS case the Biden administration is suing to reinstate the mandate after it was thrown out by a lower court.
We previously covered the cases in these posts:
Amy Howe at ScotusBlog also has a preview of the issues in each case.
In each case, expect the non-government litigants to focus on whether the agencies involved had the power to impose the mandates, while the goverment will argue that PEOPLE ARE GONNA DIE if the mandates are not upheld.
Added: Transcripts
21A244 Nat. Fed’n of Indep. Bus. v. Dept. of Labor | |
21A240 Biden v. Missouri |
Audio
21A244 Nat. Fed’n of Indep. Bus. v. Dept. of Labor | |
21A240 Biden v. Missouri |
Some analysis:
Amy Howe at SCOTUSblog said the Court might block the vaccine mandate for workplaces, but keep it for health workers.
Ed Whelan:
A fantastic thread from Ilya Shapiro:
All the lies:
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