On Dec. 30, the government officially filed with the Supreme Court to allow the Occupational Safety and Health Administration (OSHA) to proceed with implementing its vaccine requirement despite ongoing litigation. Even though there is as yet no compulsion for the nation’s higher court to rule on whether the administration’s plans violate the US constitution, any guidance could provide orientation in the interim.

The executive order that calls for companies with workforces of more than 100 to vaccinate their employees against Covid-19 or test them weekly is due to be put in place from Jan. 10, although OSHA recently said it would give employers until Feb. 9 to fully comply.

In a second executive order, the Biden administration mandated compulsory vaccinations for 10 million healthcare workers. Specifically, this applies to the federal government’s Centers for Medicare and Medicaid Services and means that facilities accepting money from these programs must comply. This and the employer mandate are being challenged by about half of the 50 US states, almost all with Republican leadership.

Legal experts discussing the plans said that even though the court’s current conservative majority tends to be skeptical of extending federal powers, it could at the same time be reluctant to play into the hands of vaccine skeptics at a time when the disease caused by the coronavirus is resurging. The US death toll has now jumped to at well over 800,000 and is continuing to climb rapidly.

While some businesses – as well as religious groups such as the Southern Baptist Convention – have argued that the US Congress never clearly gave OSHA the power to implement a vaccine and testing mandate without a public consultation, US press reports point to past decisions in which the high court upheld state governments’ powers.

Italy first in Europe with vaccine mandate

The Supreme Court’s action will be closely watched in other countries where Covid-19 vaccine mandates are being considered. Earlier this week, Italy made vaccination mandatory for those over age of 50. The rules will take effect immediately and run until Jun. 15. Reports said it was unclear what, if any, sanctions the non-compliant could face. The test option was added to win the vote of the right wing Liga party, which opposed the plans.

In October 2021, the government of prime minister Mario Draghi imposed a Covid-19 vaccination or test requirement for teachers and health workers. With more than 138,000 deaths since February 2020, the country has the highest death toll from Covid in the EU and the second highest in Europe after the UK.

Austria has announced plans to make vaccination mandatory for those over age 14 years old from February, while Greece will mandate the inoculation of people over age 60, starting Jan. 16. Vaccine mandates are also being heatedly debated in other European countries.

Author: Dede Williams, Freelance Journalist