State officials react to mandate ruling

The Supreme Court has blocked a mandate issued through the Occupational Safety and Health Administration (OSHA) that would have required employees of large businesses to get a COVID-19 vaccine or test on a regular basis.

“We are delighted that the Supreme Court ruled favorably on our petition regarding OSHA’s authority. This is a victory for Wyoming businesses and their workers,” responded Governor Mark Gordon.

“The court rightfully recognized this action by the Biden Administration for what it was: a blatant example of federal overreach.”

Senator Cynthis Lummis also responded, calling it a huge win.

“The federal government has no place making far-reaching mandates that put an undue burden on businesses across Wyoming.”

The Supreme Court issued an opinion on Thursday that OSHA does not have the authority to issue such a mandate. The Secretary of Labor is only empowered to set workplace safety standards, said the opinion, and not “broad public health measures.”

Public health is outside OSHA’s sphere of expertise because COVID-19 is a universal risk and therefore “no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases,” states the opinion.

However, the Supreme Court did allow a mandate for all healthcare facilities that receive Medicare and Medicaid funding to enforce vaccination standards for staff to take effect nationwide.

According to the court’s opinion, the Secretary of Health and Human Services does have the authority to issue such a rule as Congress has authorized him to impose conditions on the receipt of these funds.

“The Secretary of Health and Human Services determined that a COVID–19 vaccine mandate will substantially reduce the likelihood that healthcare workers will contract the virus and transmit it to their patients,” states the opinion. “He accordingly concluded that a vaccine mandate is ‘necessary to promote and protect patient health and safety’ in the face of the ongoing pandemic.”

The Supreme Court commented in its opinion that ensuring providers take steps to avoid transmitting a dangerous virus to patients is “consistent with the fundamental principle of the medical profession: first, do no harm’.”

The opinion points out that requiring vaccines for those who provide healthcare is a common feature in America: healthcare workers are ordinarily required to be vaccinated for diseases including measles, mumps, rubella, influenza and hepatitis B.

The Supreme Court also disagreed with contentions that the rule is “arbitrary and capricious.”

“The challenges posed by a global pandemic do not allow a federal agency to exercise power that Congress has not conferred upon it. At the same time, such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have,” states the opinion.

Governor Gordon also responded to this ruling in a statement on Thursday, calling it “disappointing.”

“I continue to maintain that healthcare workers should not be forced to choose between vaccination and termination. We are still in the process of evaluating the impacts of this ruling on Wyoming’s healthcare workforce,” he said.