Today, in a case brought by National Federation of Independent Business and other business associations against the Department of Labor and the Occupational Safety and Health Administration, the United States Supreme Court stayed OSHA’s vaccine or test mandate for employers with more than 100 employees. The Court held that OSHA simply did not have the authority to issue the mandate. The opinion, acknowledging that OSHA has the power to regulate occupational dangers, held that it does not have 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 within the latter category.” Accordingly, the ETS has been stayed and is not effective.

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