Government/Policy
January 9, 2022
Leibowitz: COVID and the Power of the Presidency
Written by Lewis Leibowitz
By Trade Attorney Lewis Leibowitz
Last week, the Supreme Court issued two important preliminary rulings in cases that challenged the authority of the Executive Branch to require vaccinations for workers. In one, the Court ruled 6-3 that the Secretary of Labor (through the Occupational Safety and Health Administration or OSHA) probably lacked the authority to order all employers of more than 100 people to require vaccinations or regular and frequent testing of their workers. In the other, the Court ruled 5-4 that the Secretary of Health and Human Services probably has the authority to order health care workers in facilities participating in Medicare and Medicaid to have vaccines.

