The Biden administration has asked the Supreme Court to impose a nationwide mandate for certain health care workers to be vaccinated against the coronavirus.
The mandate would apply to health care workers at providers that participate in Medicare and Medicaid.
U.S. Solicitor General Elizabeth Prelogar said the requirement would "save hundreds or even thousands of lives each month" and is needed now more than ever, given the "unprecedented pandemic" has killed 800,000 Americans.
"Indeed, it is difficult to imagine a more paradigmatic health and safety condition than a requirement that workers at hospitals, nursing homes, and other medical facilities take the step that most effectively prevents transmission of a deadly virus to vulnerable patients," Prelogar said in a petition filed with the Supreme Court on Thursday.
The Biden administration introduced the mandate in November, directing workers at health facilities that receive federal funding to get vaccinated. Critics argue that the requirement is federal overreach because it does not allow workers to submit to regular testing instead of getting vaccinated, except for medical and religious exemptions.
Federal judges in 24 states have so far blocked the mandate, which would affect an estimated 20 million workers.
The Solicitor General warned that the mandate is necessary to reduce the risk of COVID exposure for Medicare and Medicaid patients with an expected "winter surge in infections" on the horizon.
"In the weeks since the Secretary issued the requirement, new COVID-19 cases have already increased by more than 60%, to nearly 120,000 per day," Prelogar said. "And the highly transmissible Omicron variant, which emerged after the issuance of the rule, threatens to drive up case rates and risks to Medicare and Medicaid patients even higher. "
Unvaccinated staff at healthcare facilities pose a serious threat to the health and safety of patients, Prelogar explained, because the virus that causes COVID-19 is highly transmissible and dangerous. Medicare and Medicaid patients face a higher risk of developing severe disease and of experiencing severe outcomes from COVID-19 if infected, she added, because of their advanced age and disability.
The Solicitor General requested the Supreme Court stop two injunctions on the mandate and allow the requirement to go into effect. It's not clear when the court plans to weigh in on the issue.
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