SCOTUS Hands Down Decisions on OSHA Vaccine Mandate Order and HHS Vaccine Mandate Order. Good news for some; bad news for others.

Congratulations to Attorney General Dave Yost and his legal team for successfully arguing against the OSHA vaccine mandate order before the U.S. Supreme Court. In a 6-3 decision, the Biden Administration's vaccine OSHA mandate order has been blocked. The OSHA order, had it gone into effect, would have impacted millions of workers across the country for businesses with 100 employees or more. Click here to read the Court's full decision.

AG Yost Statement on Supreme Court Ruling to Stay Vaccine Mandate

(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost issued the following statement on the U.S. Supreme Court’s decision to stay the vaccine mandate in Ohio, et al. v. Department of Labor, OSHA, et al.

“Americans have lost too much to this disease already – all of us want this pandemic to end – but it is critical that we do not lose our Constitution, too,” Yost said. “Today’s ruling protects our individual rights and states’ rights to pursue the solutions that work best for their citizens.”

Yost led a coalition of 27 attorneys general in seeking an immediate stay of the federal COVID-19 vaccine mandate issued by OSHA. Ohio Solicitor General Ben Flowers provided oral arguments before the high court.


OCA President Chris Long made the following statement, "Though today's Court decisions are good news for some, it is terrible news for those who work in healthcare. We congratulate Attorney General Dave Yost and his legal team as they successfully argued before the U.S. Supreme Court in defense of Ohio's businesses against the OSHA vaccine mandate of the Biden Administration. But today's decisions are bittersweet, as the decision on the HHS vaccine mandate will now go into effect with the 5-4 decision that will lift the lower court's stay on the mandate." Click here to read the full decision.

The following is from Liberty Counsel...

In a 5-4 decision in Biden v. Missouri, the Court lifted the stay the lower court injunctions issued against the Medicare and Medicaid mandate issued by the Secretary of Health and Human Services at federally funded health care facilities. In other words, the Court allowed the Medicare and Medicaid mandates to go into effect pending the ongoing litigation and any future petition for cert that may be filed. Justices Thomas, Alito, Gorsuch and Barrett dissented in the opinion.

The mandate for health care workers was issued in November by the Centers for Medicare and Medicaid Services (CMS) within the Department of Health and Human Services (HHS) and requires facilities that receive Medicare or Medicaid funding to require workers to get the COVID injection with no testing opt-out.

Justice Alito wrote in his dissent, “Today’s decision will ripple through administrative agencies’ future decision making. The Executive Branch already touches nearly every aspect of Americans’ lives. In concluding that CMS had good cause to avoid notice-and-comment rulemaking, the Court shifts the presumption against compliance with procedural strictures from the unelected agency to the people they regulate. Neither CMS nor the Court articulates a limiting principle for why, after an unexplained and unjustified delay, an agency can regulate first and listen later, and then put more than 10 million healthcare workers to the choice of their jobs or an irreversible medical treatment.”

The litigation on both mandates will continue in the lower courts. Moreover, health care workers are still entitled to religious accommodations in the workplace.

Liberty Counsel Founder and Chairman Mat Staver said, “While I am pleased that the OSHA mandate has been blocked, the Medicare and Medicaid mandate for health care workers will cause great harm. This mandate will cause a shortage of qualified health care workers at a time when we most need them. This mandate is abusive. This is no way to treat our health care heroes. Health care workers should continue to press for medical and religious exemptions. We will continue to fight for health care workers against these mandates.” You can still file for religious exemption. There are some helpful links below.

Some helpful information from the Ohio Christian Alliance when filing for religious exemption from the COVID-19 vaccine. Click here for the information sheet!

Here is some helpful information from Liberty Counsel on filing a Religious Exemption.

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