Amy Coney Barrett Asks Key COVID-19 Question: When Will The Emergency End?

Amy Coney Barrett Asks Key COVID-19 Question: When Will The Emergency End?


On Friday, the United States Supreme Court heard oral arguments in a case challenging the Biden administration’s federal COVID-19 vaccine or test mandate for employers with more than 100 employees. During questioning, Justice Amy Coney Barrett pressed attorneys arguing in favor of President Joe Biden’s COVID-19 vaccine mandate, enforced through the federal government’s Occupational Safety and Health Administration, as to how long OSHA expected the emergency to last, thus giving the federal agency authority to enact the mandate without comment from Congress.

As SCOTUS Blog pointed out, Elizabeth Prelogar, the U.S. Solicitor General arguing on behalf of the Biden administration, maintains that OSHA is simply exercising “the power that Congress gave it under the Occupational Safety and Health Act of 1970, which directs OSHA to issue emergency

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