Kirk Tanter Blog: Supreme Court Strikes Down Biden Vaccine Mandate For Large Employers

In a decision with far-reaching impact for broadcasters with 100 or more employees, the U.S. Supreme Court on Thursday blocked the Biden Administration from enforcing its vaccine-or-test requirements for large private companies. In a 6-3 vote, the justices agreed with Republican state attorneys who contended the President had overstepped his authority by requiring workers to be vaccinated or wear masks and show negative COVID test results at least once a week. The court said the “indiscriminate approach” by the Occupational Safety and Health Administration (OSHA) took on the character of a general public health measure, rather than an occupational safety or health standard.

First announced in November, the federal order would have required large employers to implement a COVID-19 mandatory vaccination or testing policy and maintain a record of every employee’s vaccination status and acceptable proof of vaccination for each employee who is fully or partially vaccinated.

The rule was quickly challenged a group of 26 business groups and 27 Republican-led states which held that the government lacked the power to issue such an all-encompassing mandate. The order was put in limbo in mid-November when a federal appeals court indefinitely extended a block of the order. On Dec. 17, the Sixth Circuit Court of Appeals lifted a stay on the mandate, causing some broadcasters to adopt new vaccine and testing protocols.

The Supreme Court decision came three days after the OSHA emergency measure started to take effect.

“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,” the court wrote in its divided decision. “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.” The OSHA rules included narrow exemptions for employees who work remotely 100% of the time or who work exclusively outdoors, but the Court said those exemptions are “largely illusory.”

The ruling comes as radio companies have taken varying approaches on whether to require employees to roll up their sleeve. In September, Univision Communications joined Beasley Media Group, Cumulus Media and Urban One in requiring all of their employees to be vaccinated against COVID-19. Others have instituted protocols in order to comply with city or federal laws that have required COVID vaccinations.