Reply To: question for competent lawyers and anyone else who knows law

SCOTUS has ruled on several of the vaccine mandates. It has upheld the EOs dealing with health care workers and rejected the EO (implemented through OSHA) that created the mandate for all employers >100 employees. In both cases, the rulings were NOT based on constitutionality but the procedure through which the rules were adopted (short-circuiting the APA) or absence of underlying statutory authority for a rule of the scope contemplated (aka the blanket OSHA rule).

A vaccine mandate for all companies with more than 100 employees was b”h ruled unconstitutional. Requiring federal employees to vaccinate was not struck down. The distinction is obvious: A federal employee is in essence a specific company called the government hiring, and gets to make the rules for its employees. This opinion was not unanimous, but at least has a valid legal argument behind it.