The Supreme Court heard arguments in a second vaccine-related case Friday pertaining to the U.S. Department of Health and Human Services mandate for certain healthcare workers.
Following another case argued earlier that day in which plaintiffs challenged President Joe Biden’s vaccine-or-test mandate for workplaces with 100 or more employees, the justices deliberated on whether the HHS mandate ensures better safety for workers in high-risk exposure jobs in the healthcare sector.
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Principal Deputy Solicitor General Brian Fletcher argued on behalf of the Justice Department, saying the vaccination of medical staff is the best way to protect Medicare and Medicaid beneficiaries.
Chief Justice John Roberts conceded to Fletcher’s point the COVID-19 pandemic presents a more “acute” risk to patients than the risk associated with general workers or federal contractors.
“People already get sick when they go to the hospital,” Roberts said. “But if they go and face COVID-19 concerns, well, that’s much worse.”
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The Biden administration has estimated the healthcare worker mandate regulates more than 10.3 million employees of medical facilities in the United States. Staff workers for facilities covered under CMS were initially required to receive the first dose by Jan. 4, but federal health officials now say enforcement for the first vaccine dose will begin on Jan. 27.
Justice Brett Kavanaugh homed in on the fact CMS previously has not required flu shots, a decision left up to individual states in the past. Fletcher argued the threat from the flu was not as significant as COVID-19 and contended the effectiveness of the vaccine was greater than flu shots.
Earlier on Friday, the 6-3 conservative majority on the Supreme Court appeared skeptical of Biden’s Occupation Safety and Health Administration mandate for businesses with more than 100 employees, although recent cases from individual states challenging mandates have largely been struck down.
The administration’s healthcare worker mandate is presently blocked in 24 states due to a Missouri federal court order. Regarding individual state cases the Supreme Court has taken up over healthcare personnel requirements, justices have upheld a number of vaccine requirements, such as in Maine and New York.
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University of Texas Law School professor Steve Vladeck said the two vaccine-related emergency docket items heard by the highest court on Friday could render an unprecedented speedy return on a ruling, as the mandates are set to take partial effect on Monday.
“Court *usually* hands down opinions in argued cases at 10:00 on pre-announced decision days,” Vladeck tweeted on Friday. “But these aren’t appeals; they’re emergency orders. So could rulings come later today?”
The Supreme Court has not indicated when a decision will be made regarding either of the hearings on Friday.
