The challengers argue that the vaccine rules exceed the administration's authority, but Solicitor General Elizabeth Prelogar, the administration's top Supreme Court lawyer, wrote that both are needed to avoid unnecessary hospitalizations and deaths.
Andy Slavitt, a former adviser to the Biden administration on COVID-19, said the vaccine requirements are extremely effective for 15% to 20% of Americans “who don’t like to get a shot, but they will and don’t have any strenuous objection.” Three conservatives, Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett, probably hold the key to the outcome, Marotta said.
Both vaccine rules will exacerbate labor shortages and be costly to businesses, opponents said. “People are going to quit. It will make a bad situation worse and they’re not going to come back,” said Karen Harned, executive director of the National Federation of Independent Business’ Small Business Legal Center.
The vaccine mandate, for its part, applies to virtually all health care staff in the country. It covers health care providers that receive federal Medicare or Medicaid funding, potentially affecting 76,000 health care facilities as well as home health care providers. The rule has medical and religious exemptions.
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