The Omicron variant has led to an unprecedented wave of new coronavirus cases, with hospitalizations surging. Since the beginning of the pandemic, there has been contentious debate surrounding the extent to which the government has the right to regulate personal health choices, including masks and vaccines. Biden’s nationwide vaccine mandate for large companies was overturned on January 13 by the Supreme Court, leaving employers to weigh state and local regulations. The vote in the case was 6-3 in the employer mandate case. However, the court still allowed a mandate more limited in scope, which requires health care workers to be vaccinated at facilities receiving federal funds. The premise of the case was whether the executive branch had the authority to take such direct, strong actions to “address” the pandemic. In the majority opinion, justices pointed out that the mandate did not distinguish based on risk of exposure to the Covid-19 virus or industry, stating that it was “a significant encroachment into the lives- and health- of a vast number of employees.
The OSHA issued the mandate in November, estimating that it would cause 22 million people to receive vaccinations and preclude a quarter million hospitalizations. The mandate specified exceptions for workers with religious objections and those who lack close contact with colleagues at their jobs. Since the start of the pandemic, mandates were the most explicit and expansive utilization of power by the federal government to protect federal workers.
In New York, private employers must require vaccines. In the midst of what has been dubbed “The Great Resignation,” with an abundance of labor shortages, the implications of requiring vaccinations is interesting, as it begs the question of whether vaccinations serve as a deterrent. States and businesses must decide whether or not to require vaccinations to protect workers, customers, and community members. Companies have to decide whether or not to require employees to get vaccinated; they cannot utilize federal policies as justifications for their own. Some local and state laws still stipulate that employers must mandate vaccines or weekly testing.
The National Retail Federation sued the administration over the mandate and called the Supreme Court’s decision “a significant victory for employers.” The terms “mandated” and “required” evoke significant sentiment in some. Many feel that mandates infringe on their personal liberties by nature. Restrictions have led to backlash and opposition, as some individuals reference their civil liberties and argue that mandates conflict with America’s democratic ideals. On the other hand, mass vaccination can decrease pressures on hospitals and protect the vulnerable population.
Proposed responses to the Covid-19 pandemic have also contributed to a political divide. Some Republicans oppose compulsory mask and vaccinate mandates on the grounds that they interfere with individual liberties. Some people view the Biden administration’s mandate as government overreach.
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