Faith Groups Seek Emergency High Court Stay on OSHA Mandate

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Attorneys for nearly a dozen faith-based employers are asking the Supreme Court to issue an emergency stay on enforcement of President Joe Biden’s COVID-19 vaccine mandate and to take the case for a full review by the nine justices.

“Relief is warranted because the mandate seeks to issue sweeping non-workplace, public health measures. The Occupational Safety and Health Act (‘OSH Act’) only concerns ‘workplace-specific hazards’ and ‘workplace-specific safety measures,’” the faith-based employers told Justice Bret Kavanaugh in a motion filed late on Dec. 17.

The OSH Act established the Occupational Health and Safety Administration (OSHA) and defined the scope of its authority. Biden issued the mandate on all private employers with 100 or more workers through OSHA. The mandate requires all covered workers to receive the vaccine against the CCP virus, also known as the novel coronavirus, or be tested on a weekly basis.

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