Forbes | January 19, 2022
Technically speaking, the Supreme Court’s ruling was merely to uphold a stay on enforcement of the mandate. The decision about the legality of the mandate has been sent back to the Sixth Circuit. It’s likely, however, that the decision will once again come before the Supreme Court, which has public health expert Lawrence Gostin worried. If, in its final decision, the Court strikes down the OSHA rule requiring vaccinations, Gostin writes that “the Court’s legal logic could make it nearly impossible for federal regulators to promote the general welfare of the public. He added it may hamper federal agencies’ ability to respond quickly to public safety and health emergencies. It could have a knock on effect of stifling business, says Gostin. “If it’s up to Congress to decide every rule for every situation,” he writes, “it could take years or decades to make changes that keep up with innovative technology that agencies handle as a matter of routine, hindering the ability of businesses to effectively compete against incumbents.”