WASHINGTON (TND) — Months of back and forth about federal vaccine mandates will come to a head Friday during a special hearing at the Supreme Court.
The justices will hear oral arguments in two cases disputing vaccines mandates: one issued on Nov. 5 by the Occupational Safety and Health Administration for employers of 100 workers or more that includes a weekly testing option, and another by the Department of Health and Human Services for healthcare staff at facilities that receive Medicare or Medicaid funding.
Those challenging the mandates include Republican state attorneys general, and trade and business groups. One of their arguments is that the federal agencies don't have the authority to unilaterally issue these rules.
“The idea here is the federal government can’t just make up laws without Congress passing them," Texas Attorney General Ken Paxton told Fox News on Sunday.
The White House has long maintained the rules were created on solid legal ground.
"We are confident in the legal authority for both policies and DOJ will vigorously defend both at the Supreme Court," White House Press Secretary Jen Psaki said in a statement on Dec. 22.
The justices will also have to decide whether the mandates can be enforced while litigation plays out in lower courts. According to SCOTUSblog's Amy Howe, "the justices’ views on whether to grant emergency relief will likely be influenced by their views on the merits of the underlying challenges themselves."
Since the cases were filed on an emergency basis, rulings are expected to made expeditiously.