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Supreme Court to hear CMS and OSHA mandate arguments

On January 7th, the Supreme Court will hear arguments expeditiously regarding President Biden's CMS vaccine mandate and OSHA vaccine rule.

This is an usual circumstance, as SCOTUS typically resolves applications for a stay through briefs only instead of oral arguments.

The OSHA cases are National Federation of Independent Business v. Department of Labor, 21A244, and Ohio v. Department of Labor, 21A247.

The CMS cases are Biden v. Missouri, 21A240, and Becerra v. Louisiana, 21A241.

Press Secretary Jen Psaki is quoted “at a critical moment for the nation’s health, the OSHA vaccination or testing rule ensures that employers are protecting their employees and the CMS health care vaccination requirement ensures that providers are protecting their patients. We are confident in the legal authority for both policies and DOJ will vigorously defend both at the Supreme Court."

The last time the SCOTUS ruled on one of Biden's COVID related relief programs, they denied his moratorium on evictions, stating “Our system does not permit agencies to act unlawfully even in pursuit of desirable ends,” Three of the liberal judges were, of course, in favor, but it was ultimately shot down.

We can only hope they uphold that standard during these arguments. Cameras are not allowed in SCOTUS courtrooms but you can listen to the arguments at


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