U.S. Supreme Court stops business vaccine mandate

Frankly, I was baffled in 2021 when many individuals in our great nation hesitated to be vaccinated against COVID-19. And while I realize the legal issues that the mandate initiated by the Biden administration through the Occupational Safety and Health Administration (OSHA) carried with it, I am personally pleased with the actions of our President.

It is no secret that I have a heritage in the Democratic party. But I have gravitated toward independent status in recent years and no longer vote in primary elections. I have supported Republican candidates such as my friend state senator Brian Kelsey of Germantown/Memphis, Tennessee. But I am not Republican. As publisher of Cloud Nine Higher, I sincerely intend this to be a forum that is not partisan. I am fed up with the constant and childish bickering, complaining, and back and forth that is far from the distinguished debate we should be having about the issues facing us.

The Obama, Trump, and Biden years so far have been the worst for extreme partisanship and lack of unity in our nation. After the September 11 attacks in 2001, we briefly saw a warm period of national unity under President George W. Bush. But that is long gone. The national Democratic party has alienated its moderate wing and no longer seems relevant in the South. The national Republican party seems torn between Donald Trump and anyone else who might run for President in the future. While President Trump accomplished some good, his Jekyll and Hyde personality and constant social media bristling alienated many in our nation and cost him reelection.

I credit Trump for "Operation Warp Speed" and the indeed speedy track to COVID-19 vaccinations that our country so desperately needed. To see the reluctance of many to take a short trip to a pharmacy or health department for a brief shot in the arm times two (or three) to amp up their immunity and get us closer to herd immunity is, as I said above, baffling.

So when President Biden announced the mandate initiative, I was behind him 100%. Not because I necessarily agreed with the method. But because I agree that most everyone needs to be vaccinated against a monstrous virus that has derailed our society and economy in ways never considered.

The OSHA mandate accomplished some good even before the nation's high court stayed the rule on January 13, 2022. It required all employers with 100 or more employees to mandate either a vaccination or a weekly test and mask requirement. Narrow exceptions were provided for remote workers or those working exclusively outdoors. Potential fines for violations were $13,653 for a standard violation and $136,532 for a willful violation.

The mandate was published on November 5, 2021. Many states, businesses, trade groups, and nonprofit organizations filed petitions for review. The cases were consolidated in the Sixth Circuit Court of Appeals (the Sixth federal circuit consists of Tennessee, Kentucky, Ohio, and Michigan). The appeals court concluded that a stay of the OSHA rule was not justified.

The Supreme Court disagreed and stayed the OSHA rule, opining that the Secretary of Labor is empowered by the Occupational Safety and Health Act of 1970 to set workplace safety standards and not broad public health measures.

The petition for review still is up for full consideration and disposition in the Sixth Circuit and possibly review of that decision by the Supreme Court.

Justice Neil Gorsuch filed a concurring opinion (agreeing with the ruling but under a different legal reasoning) and was joined by Justices Clarence Thomas and Samuel Alito in this concurrence. Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan filed a dissenting opinion.

So while we have no mandate, I still say we need #ShotsInArms.

James A. Rose

Publisher

Photo: AP Images