London Daily

Focus on the big picture.
Sunday, Aug 02, 2026

US Supreme Court Appears Split Over Covid Vaccine Mandates

US Supreme Court Appears Split Over Covid Vaccine Mandates

Unvaccinated employees would have to present weekly negative tests and wear face masks at work.

The US Supreme Court appeared to be divided on Friday over President Joe Biden's Covid vaccination-or-testing mandate for businesses with liberal justices strongly in favor and conservatives expressing skepticism.

But a majority of the nine justices appeared to support an administration requirement that healthcare workers at facilities receiving federal funding get their shots.

After months of public appeals to Americans to get vaccinated against Covid-19, which has killed more than 830,000 people in the United States, Biden announced in September that he was making vaccinations compulsory at companies that employ 100 workers or more.

Unvaccinated employees would have to present weekly negative tests and wear face masks at work.

The Occupational Safety and Health Administration (OSHA), a federal agency, has given businesses until February 9 to be in compliance with the rules or face the possibility of fines.

Vaccination has become a politically polarizing issue in the United States, where 62 percent of the population are vaccinated.

A coalition of 26 business associations filed suit against the OSHA regulations and the conservative-dominated Supreme Court agreed to hold an emergency hearing and also hear arguments about the vaccine mandate for healthcare workers, which is being challenged by Republican state lawmakers.

The three liberal justices on the court appeared to strongly favor both mandates.

"Why isn't this necessary to abate the grave risk?" Justice Elena Kagan asked the lawyer representing business associations opposed to the policy.

"This is a pandemic in which nearly a million people have died," Kagan said. "It is by far the greatest public health danger that this country has faced in the last century.

"And this is the policy that is most geared to stopping all this."

Scott Keller, a former Texas solicitor general representing the business groups, said the rule requiring Covid vaccinations at companies that employ 100 people or more would lead many workers to quit.

"An economy-wide mandate would cause permanent worker displacement, rippling through our national economy," Keller said.

Ohio Solicitor General Benjamin Flowers, also argued against the OSHA rule, saying it was "not truly intended to regulate a workplace danger."

Testifying remotely by telephone after a positive Covid test, Flowers said Covid is a "risk we all face -- when we wake up, when we're with our families, when we stop to get coffee on the way to work."

Chief Justice John Roberts acknowledged there was "pressing urgency to addressing the problem" of the pandemic but joined other conservative justices in questioning whether it should be the federal authorities that respond with mandates.

"This is something that the federal government has never done before, right, mandated vaccine coverage?" he asked.

"Traditionally, states have had the responsibility for overseeing vaccination mandates," said Justice Neil Gorsuch, also a conservative.

'Not some kind of newfangled thing'


Justice Stephen Breyer, a liberal, responded to Keller's claims that many people may quit their jobs if forced to get vaccinated.

"Some people may quit, maybe three percent," he said.

"But more may quit when they discover they have to work together with unvaccinated others because that means they may get the disease," Breyer said.

Republican lawmakers and business owners have argued that mandatory Covid shots are an infringement on individual rights and an abuse of government power.

But Solicitor General Elizabeth Prelogar, arguing for the Biden administration, said a vaccination mandate is "not some kind of newfangled thing."

"Most of us have been subjected to compulsory vaccination requirements at various points," Prelogar said.

Louisiana Solicitor General Elizabeth Murrill, arguing against the vaccination mandate for healthcare workers, called it a "bureaucratic power move that is unprecedented."

Murrill, who also testified remotely, said healthcare workers would be forced to undergo "an invasive, irrevocable forced medical treatment, a Covid shot."

The conservatives justices on the court appeared to be more receptive to the government's arguments in favor of requiring vaccinations for health care workers.

The Supreme Court is expected to rule shortly, possibly within days.

Businesses with 100 employees or more represent about two-thirds of the private sector workforce in the United States, or some 80 million people.

The healthcare worker mandate would apply to roughly 10 million people.

The Supreme Court has six conservative justices and three liberal justices, and all of them have been vaccinated and received booster shots.

If the court blocks the vaccination mandates, it would be a major blow to Biden, who has made bringing the pandemic under control one of his priorities but is battling a surge in cases from the Omicron variant.

Newsletter

Related Articles

0:00
0:00
Close
Finland Deploys Commercial-Scale Thermal Batteries Using Crushed Rock to Store Renewable Grid Energy
Valued at $109 Million: F-35B Fighter Jet Crashes in Southern California
Sainsbury Agrees to Sell Argos in £120 Million Deal to Private Consortium
High Court Clears Way for Construction of Chinese Embassy at Royal Mint Court
UK Fuel Prices Climb to Multi-Month Highs as Strait of Hormuz Tensions Disrupt Oil Supplies
Severe Summer Drought and Record Heat Put UK Harvests at Risk
Prime Minister Andy Burnham Faces Labour Backbench Opposition Over Potential Support for New North Sea Oil and Gas Drilling
Bank of England Warns Inflation Will Stay Above 3% as Middle East Energy Shock Prolongs Cost-of-Living Pressures
Andy Burnham has Announces Plans to Redistribute Income Tax Revenue to English Mayors
Early-Release Scheme Faces Fresh Scrutiny as Reoffending and Prison Recalls Rise
Police Phone Checks Followed Report on Murder of MI5 Agent Inside Sinn Féin
Archbishop of Canterbury Reaffirms £100 Million Reparative Justice Fund During Ghana Visit
Charities Allege French Police Used Tear Gas Against Channel Migrants
Norwegian Teenager Convicted Over Iran-Linked Murder Plot in Britain
Christian Organisations File Charity Complaints Against Amnesty International UK
Ofgem Tightens Grid Connection Rules for New Data Centres
FTSE 100 Reaches Record High Despite Global Technology Sell-Off
Millions of UK Households Urged to Check Eligibility for Winter Energy Discount
Labour Restores Parliamentary Whips to Diane Abbott and Joani Reid
UK Supreme Court to Hear Challenge Over Palestine Action Ban
UK Commits More Than £8.4 Billion to Dreadnought Nuclear Submarine Programme
England Declares Severe Drought as Wildfire Burns Near Sizewell Nuclear Site
Bank of England Holds Interest Rates at 3.75% as Middle East Tensions Fuel Inflation Risks
Drought Status Extended Across All of Wales as Heat and Dry Weather Deepen Environmental Strain
Record-Low Danube Exposes Probable Mammoth Remains in Bulgaria
UK Business Confidence Climbs to Four-Month High
Greater Manchester Gains Expanded Powers Under Regional Funding Reforms
UK Supreme Court to Hear Appeal Over Palestine Action Terror Ban
Shell's Quarterly Profit Doubles to Nearly $10 Billion on Higher Energy Prices
UK Government Removes VAT From Household Electricity Bills
Exceptional Drought Grips Half of England as Wildfire Threatens Sizewell
Bank of England Holds Interest Rates at 3.75% as Inflation Risks Persist
US Says It Has Carried Out Heavy Strikes on Iran After Attempted Attacks on Its Forces
The chief executive of the popular gaming company laid off many employees and his pay rose to 38 million dollars
UK Employment Holds Steady as Wage Growth Remains Moderate
England to Introduce Artificial Intelligence into Secondary School Curriculum
Wales Launches £1.2 Billion Industrial Regeneration Programme
High Court Upholds UK Digital Surveillance Framework
Northern Ireland Reaches Budget Agreement on Infrastructure and Public Sector Pay
Home Office Expands Digital Border Checks Nationwide
UK Approves Major North Sea Wind and Carbon Capture Project
The World's Most Terrifying Smartphone: Recording, Documenting, and Reporting to the Regime
Scotland Approves Major Renewable Energy Expansion
UK and United States Sign AI and Semiconductor Cooperation Pact
UK Treasury Tightens Fiscal Controls After Gilt Market Volatility
Bank of England Holds Interest Rates at 4.5%
UK Unveils £10 Billion NHS Funding Overhaul and Workforce Reform
The AI User Nightmare: Private Claude Conversations Leaked to the Internet
UK: Former Football Association Leaders Call for World Cup Boycott Over FIFA Privatization Plan
Forbidden Love: China severs millions from their virtual partners
×