A victory for law and order and limits to the power of the state.
President Biden figured out he couldn’t just mandate that businesses make employees take the vaccine. So he decided on an end run, declaring it a workplace hazard and telling OSHA to make a rule for businesses.
The Supreme Court was having none of it, ruling that this is not a workplace danger. It is a societal danger.
The Occupational Safety and Health Administration announced Tuesday that it was canceling its emergency policy mandating large businesses require employees to be vaccinated or face masking and testing, after the Supreme Court put the policy on ice this month.
In its notice announcing the retreat, OSHA said the court’s ruling dealt a death blow to the mandate, which was issued as an emergency temporary standard, or ETS.
“Notwithstanding the withdrawal of the Vaccination and Testing ETS, OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace,” the agency said.