A majority of U.S. Supreme Court justices appeared skeptical of the Biden Administration's legal authority to implement a COVID-19 vaccination-or test mandate with the depth and breadth of the US Occupational Safety and Health Administration's emergency temporary standard, as they heard arguments on Jan. 7 from government proponents and state and business opponents to the rule, set to take effect on Jan. 10 for employers with 100 or more in their workforces.
The emergency standard, released in November, has been fast-tracked to the high court through numerous challenges and varying decisions in lower courts on its need and statutory foundation that have left the rule in legal limbo.