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The U.S. Supreme Court on Thursday blocked U.S. President Joe Biden’s plan to vaccinate employees against Covid-19 or undergo weekly testing.
But the judges, in a separate ruling, upheld a regulation aimed at vaccinating employees in hospitals and nursing units. “This rule, once enacted, is expected to cover about 17 million people working in health care,” the administration said.
The Conservative majority in the court agreed with Republican state attorneys, who claimed the president had exceeded his authority by demanding that employees in companies and agencies with more than 100 employees be vaccinated or tested regularly. There were exceptions for those who worked outside or at home.
Biden’s rule was based on the Occupational Safety and Health Act of 1970, which protects employees from toxins and other hazards in the workplace.
However, Supreme Court Justice John G Roberts Jr. and Judge Brett M Kavanaugh joined the three court liberals to support President Biden’s weekly testing requirement for hospital and nursing home staff. This requirement is based on the ‘Medicare and Medicaid’ Acts, which authorize federal health officials to set standards to protect the health and safety of elderly and sick patients.
Judges Stephen G Breyer, Sonia Sotomayor and Elena Kagan said they would have kept both regulations. President Biden’s vaccine rules were announced in November and would take effect this month, but they were suspended as legal institutions continued to review them.
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