The Supreme Court’s Vaccine Decisions Are a Blow to the Administrative State

United States Supreme Court Building in Washington, D.C. (Larry Downing/Reuters)
The decisions signal that the current Court is serious about applying the Constitution’s structural separation of powers.

NRPLUS MEMBER ARTICLE T he Supreme Court issued a split decision on two of the Biden administration’s Covid-19 vaccination mandates. In the first, a 6–3 majority stayed the Occupational Safety and Health Administration (OSHA) mandate requiring Covid vaccinations for workers in companies with 100 or more employees. In the second, the Court narrowly (5–4) upheld the Centers for Medicare and Medicaid Services (CMS) mandate requiring facilities that receive Medicare and Medicaid funds to ensure their staff are vaccinated.

While the result was mixed, the decisions signal that the current Court is serious about applying the Constitution’s structural separation of powers that places lawmaking authority in

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Joel Zinberg is a senior fellow at the Competitive Enterprise Institute, the director of Paragon Health Institute’s Public Health and American Well-being Initiative, and an associate clinical professor of surgery at the Icahn Mount Sinai School of Medicine. He was general counsel and a senior economist at the White House Council of Economic Advisers from 2017 to 2019.

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