(AP/WBEN) - Arguments were heard on Friday at the U.S. Supreme Court over the Biden administration's authority to impose a vaccine or testing mandate on the nation's large employers.
During's Friday's hearing, the Court’s conservative majority appeared skeptical of the administration's authority, but seemed more open to a separate vaccine mandate for most healthcare workers.
"The conservatives - especially interesting enough - Justice [Clarence] Thomas, who rarely asks any questions, asked a lot of questions today, and it basically centers around, does OSHA have the power absent a specific legislative mandate to order such a rule, if you will," said attorney Paul Cambria of Friday's hearings. "The conservatives, basically, are taking a position that OSHA doesn't have that power, and that maybe, perhaps there are other steps that can be taken besides mandatory vaccination."
Meanwhile, the Court's liberal justices suggested support for the employer rule.
"Liberals are taking the position that this is a full-blown pandemic," Cambria explained. "The statistics, and so-on, indicate a rise in hospitalizations, and this is just the kind of workplace emergency that is appropriate for OSHA and it should happen.
"That's the split that we expected, and that's what we're seeing."
Beginning Monday, unvaccinated employees in companies with 100 or more employees are supposed to wear masks at work, unless the court blocks enforcement. But testing requirements and potential fines for employers don't kick in until February.
With regards to the healthcare mandate, it would apply to virtually all healthcare staff in the country. It covers healthcare providers that receive federal Medicare or Medicaid funding, potentially affecting 76,000 healthcare facilities, as well as home healthcare providers. While the mandate has medical and religious exemptions, if a worker does not have the vaccine, they could be out of a job.
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However, with the rising cases of COVID-19 across the country due to the emergence of the Omicron variant, will the current state of the virus impact the Supreme Court's decision? Or is this simply a matter of what the Biden administration can do legally, regardless of potential impact?
Cambria, who's argued before the Supreme Court in the past, believes that both of these factors may come into play.
"Part of what the administration can do is an interpretation of a law that does OSHA have the power, and if they do, under what circumstances is a rapid increase in the variants and the virus such that those circumstances are established, and therefore the mandate's in place?," Cambria said.
"On the other hand, it'd be a matter of do we really need a specific legislative, congressional authorization to do something this widespread? Remember, this will have a great impact on businesses. For example, just to find test kits, because there is an exception. If you're not vaccinated, then you have to wear a mask and you have to be tested every week. But how many businesses can afford that? Will they be able to find enough test kits? There's a lot playing out here."
Cambria also thinks with there being a conservative majority with the Court, they may prevent the vaccine mandate with larger employers from going into place. As an alternative, Cambria says there may be other options available, such as masking and so-on.
While a decision on both mandates could be handed down at any time in the coming days, how does Cambria believe this it will all play out in the end?
"I think, basically, they're position is going to be OSHA doesn't have this massive power," Cambria said. "The liberal wing will say yes it does, because it's just that kind of emergency that OSHA can deal with."
You can listen to Cambria's entire conversation below:
