The Supreme Court appeared to agree with the federal government that it is within its rights to require health care facilities to vaccinate workers against COVID-19, but don't seem as convinced that they can require private businesses to do the same.
dollars to vaccinate workers against COVID-19, but justices seemed more skeptical that the government can order other large businesses that they must require employees to be vaccinated or get regularly tested.
The requirements — both for health care facilities and employers —would only be in effect for 6 months. Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer all agreed that it was within CMS’s purview to institute such a requirement, equating it to infection control measures already required by the agency. Also, added Sotomayor, the federal government had the right to decide whether it wanted to pay for certain services. The law allows the federal government to say, “if you want my money, your facility has to do this,” said Sotomayor.
“Where are the regulated parties complaining about the regulation?” Kavanaugh said. “There’s a missing element here.”.
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