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NFIB v. OSHA Results in Victory for Small Business Freedom at Supreme Court
 
 
 
In response to a lawsuit filed by NFIB, yesterday the U.S. Supreme Court blocked enforcement of the Biden Administration’s vaccine mandate that would have impacted more than 80 million workers across America.

The mandate was scheduled to begin this week, requiring businesses with 100 or more employees to have employees vaccinated or undergo weekly testing and wear masks while at work. However, the stay issued by the Supreme Court in NFIB v. OSHA yesterday means the mandate is not currently in effect. Next, the lawsuit will go back to OSHA and the Sixth District Court of Appeals.

Karen Harned, Executive Director of the NFIB Small Business Legal Center explains in a brief video statement for small business owners:
 
 
 
 
More Information on NFIB v. OSHA
 
 
 
NFIB originally filed a legal challenge against the mandate in the Fifth Circuit Court of Appeals, arguing that the ETS is unconstitutional and requested a stay of the mandate. After the Sixth Circuit lifted the stay, NFIB filed a petition with the U.S. Supreme Court requesting an immediate stay of OSHA’s emergency temporary standard. Oral arguments before the Court took place on Friday, January 7.

NFIB’s legal challenge argues three main points:
  1. OSHA needed to use the typical notice-and-comment procedure for the mandate to gather input.
  2. A nationwide COVID-19 vaccine and testing mandate, monitoring, and database is fundamentally a policy decision that should be left to Congress.
  3. The mandate will result in unrecoverable compliance costs, lost profits, lost sales, and further exacerbate the labor shortage for small businesses.
 
 
 
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