On Thursday, January 13, 2022, the U.S. Supreme Court (Court) struck down one vaccine mandate and upheld another.  The former, which was blocked by a 6-3 vote, mandated that all employers with over 100 employees require vaccinations for all employees. The other, which was upheld by a 5-4 vote, mandated that healthcare workers in hospitals, nursing homes, and other facilities that receive Medicare or Medicaid funding must be vaccinated. 

The Court found that the former mandate overstepped the authority granted to the Occupational Safety and Health Administration (OSHA) by Congress. The Court opined that, “Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly…Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.” 

On the other hand, the Court upheld the federal government’s right to impose a mandate, which was issued through the U.S. Department of Health and Human Services (HHS),  requiring healthcare workers at facilities participating in Medicare or Medicaid programs to be vaccinated.  Since HHS found that 35 percent of staff members at Medicare and Medicaid-funded health-care facilities were unvaccinated, and thus “pose a serious threat to the health and safety of patients…[and]…the secretary finds necessary in the interest of the health and safety of individuals who are furnished services…ensuring that providers take steps to avoid transmitting a dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm.”

In essence, the federal government can’t impose a policy forcing employers to require their employees to be vaccinated; however, the Court’s decision does not make it illegal for employers to voluntarily institute a policy requiring their employees to be vaccinated.