There is a lot to dislike about the Supreme Court’s decision to invalidate the Biden administration’s requirement that workers either vaccinate against COVID-19 or test and mask at work.
The court’s party-line ruling invented limits on the Occupational Health and Safety Administration’s express authority to “protect employees” from the “grave danger” of exposure to “new hazards.” The conservative justices substituted their own judgment for the considered expertise of public health officials. And in the end, they issued a decision that, if uncorrected, will leave millions of Americans exposed to grave workplace health risks and could result in thousands of needless deaths.
Concerned Americans are right to question a court that would make such serious mistakes. The Biden administration is right to do the same. But as it does, it must not lose sight of a greater obligation: the need to respond to the ruling in whatever way legally permissible to protect American workers. Fortunately, the majority opinion in the case leaves open a surprisingly straightforward way for the administration to do just this.
Start with the actual rationale the court used to block OSHA’s vaccinate-or-mask requirement. The court did not dispute that the agency has the legal authority to protect workers from the dangers posed by the pandemic. It instead argued that OSHA swept too broadly by requiring employers to enforce what the court called a “vaccine mandate.” (In truth, OSHA’s emergency standard granted employers a choice between requiring all workers to vaccinate or requiring unvaccinated employees to undergo weekly testing and mask while at work).
Source : https://www.latimes.com/opinion/story/2022-01-15/supreme-court-osha-vaccination-mandate-joe-biden314