January 14, 2022

SCOTUS Ends Mandate for U.S. Businesses

In our system of government, policies like this one are “the responsibility of those chosen by the people through democratic processes.”

In a huge blow to President Joe Biden, the U.S. Supreme Court responded to his COVID overreach the way most Americans had hoped: striking down the largest of his vaccine mandates. By a vote of 6-3, the justices agreed that the president had zero authority to demand that employers of 100 or more employees be vaccinated or bear the weight of routine testing.

In a rebuke to the White House’s COVID strategy, the court’s majority reminded Biden and his Occupational Safety and Health Administration (OSHA) that “Administrative agencies are creatures of statute. They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no ‘everyday exercise of federal power.’ It is instead a significant encroachment into the lives — and health — of a vast number of employees.”

Pointing out that there has “never before” been such a mandate from anyone — Congress included — Justices John Roberts, Brett Kavanaugh, Clarence Thomas, Neil Gorsuch, Samuel Alito, and Amy Coney Barrett tried to explain the limits of the government’s power. While OSHA can set “workplace safety standards,” that’s not the same as “broad public health measures,” they wrote. In our system of government, policies like this one are “the responsibility of those chosen by the people through democratic processes.”

Over the objections of Barrett, Thomas, Alito, and Gorsuch, the court did leave the vaccination requirement in place for healthcare workers at any facilities that get Medicaid and Medicare funds by a narrower 5-4 margin. By the White House’s estimate, that means about 17 million Americans will be affected by the stay, which will continue to fuel shortages of healthcare workers as they are fired or quit to avoid the forced vaccine. As far as Justice Thomas is concerned, if it’s unconstitutional in the private sector, then it’s unconstitutional in the health industry too. In a separate dissent, he argued that the administration doesn’t have the authority “to force health care workers, by coercing their employers, to undergo a medical procedure they do not want and cannot undo.”

For state leaders across the country, many of whom have been fighting these mandates in court for months, the news came as a huge relief. “Today’s ruling protects our individual rights and states’ rights to pursue the solutions that work best for their citizens,” said our good friend Ohio Attorney General Dave Yost (R), who led a coalition of states in challenging the rule. FRC congratulates him and the other attorneys general on a hard-fought victory for freedom and personal choice!

Mr. Perkins is president of the Family Research Council.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.