In a 5-4 decision, the Supreme Court upheld the Centers for Medicare and Medicaid Services (CMS) vaccine mandate, while blocking the mandate for U.S. businesses with 100 or more employees.
Justices Brett Kavanaugh, John Roberts, Sonia Sotomayor, Stephen Breyer, and Elena Kagen ruled to uphold the CMS mandate while Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett dissented.
The mandate covers approximately 10 million healthcare workers at roughly 76,000 hospitals, nursing homes, and other healthcare facilities. The majority in the CMS case argued that the government had the ability to mandate the vaccine as it dealt with facilities that received Medicare and Medicaid funding.
“After all, ensuring that providers take steps to avoid transmitting a dangerous virus to their patients is consistent with the fundamental