The Supreme Court must uphold Biden’s vaccine mandates — and fast

OSHA conservatively estimated its new rule would prevent more than 6,500 deaths and 250,000 hospitalizations. CMS established an impressive record showing the unique vulnerability of Medicare and Medicaid recipients, who are older, disabled, chronically ill or have complex health-care needs. The rule can save hundreds of lives each month. The science is also clear that the vaccine is the best way to ameliorate risks of covid-19 infections, hospitalizations and deaths. Delaying the implementation of the rules would cost lives.

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At the core of these cases is the claim that Congress has not clearly authorized OSHA and CMS to safeguard workers. That’s incorrect. The Occupational Safety and Health Act empowers OSHA to mitigate “grave” workplace dangers through emergency measures. OSHA has required the only effective tools known to science: vaccines, testing and masks. Vaccination is the best tool, but OSHA allows employees to opt-out simply by testing weekly and masking. It’s hardly an overreach. In fact, regulating biological hazards is among OSHA’s primary responsibilities. The agency has a long history of regulating protections against airborne and bloodborne pathogens.

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