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Supreme Court Denies OSHA Vaccine/Testing Mandate in 6-3 Ruling

January 13, 2022

Via: ENR

A 6-3 majority of the U.S. Supreme Court has placed a stay on the US Occupational Safety and Health Administration’s COVID-19 vaccination-or-testing mandate for employers with 100 employees or more, including those in the construction sector.

All justices appointed by Republican presidents—Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—joined the unsigned majority opinion that said “no provision of the [1970 Occupational Safety and Health] Act addresses public health more generally, which falls outside of OSHA’s sphere of expertise.”

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