The OSHA COVID-19 Mandate has been defeated

Today, the Supreme Court stayed the implementation of the Occupational Health and Safety Administration’s (OSHA) COVID-19 vaccine mandate, stating:

“Applicants now seek emergency relief from this Court, arguing that OSHA’s mandate exceeds its statutory authority and is otherwise unlawful. Agreeing that applicants are likely to prevail, we grant their applications and stay the rule.”

You can read the full opinion here. Justices Breyer, Sotomayor, and Kagan dissented – meaning that Justices Roberts, Thomas, Kavanaugh, Barrett, Alito, and Gorsuch voted in favor of staying the OSHA Mandate.

The effect of the stay is that the OSHA Mandate is essentially struck. It’s over. It won’t be implemented. In reaching this decision, the Court relied on the major questions doctrine (aka major rules doctrine), which we discussed here in arguing why the OSHA Mandate was unlawful. For those of you keeping score, we made this argument despite Twitter’s assurances that the OSHA Mandate was lawful.


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