Court hears arguments on vaccine mandates for healthcare facilities receiving federal funding
The court is now hearing arguments on CMS rules for vaccine mandates for healthcare facilities receiving Medicaid/Medicare funding.
Some Court watchers think the administration may have a better case for being able to enforce the rules in this case, since receiving funding is already contingent on a variety of other federal regulations imposed on the facilities and private home health care workers.
Brian Fletcher, Principal Deputy Solicitor General is now arguing for the Biden administration.
Gorsuch appears to view mandate as controlling employment of health care workers
Justice Gorsuch asked a series of questions to Fletcher about the impact of the vaccine mandates and how it can be viewed potentially as controlling the employment of healthcare workers — which is not allowed by the law.
“This regulation affects, we’re told, 10 million health care workers and will cost over a billion dollars for employers to comply with,” he said. “So what’s your reaction to that why isn’t this a regulation that effectively controls the employment and tenure of health care workers at hospitals? An issue Congress said the agency didn’t have the authority that that should be left to the states to regulate.”
Fletcher said the government reads the relevant statute as saying that the secretary cannot dictate particular hiring decisions: “That’s what control and supervision means.”
Gorsuch appears to view mandate as controlling employment of health care workers
Justice Gorsuch asked a series of questions to Fletcher about the impact of the vaccine mandates and how it can be viewed potentially as controlling the employment of healthcare workers — which is not allowed by the law.
“This regulation affects, we’re told, 10 million health care workers and will cost over a billion dollars for employers to comply with,” he said. “So what’s your reaction to that why isn’t this a regulation that effectively controls the employment and tenure of health care workers at hospitals? An issue Congress said the agency didn’t have the authority that that should be left to the states to regulate.”
Fletcher said the government reads the relevant statute as saying that the secretary cannot dictate particular hiring decisions: “That’s what control and supervision means.”
Arguments have wrapped after a total of about three hours, 40 minutes for both cases.
There is no indication from the bench how quickly orders from the court will be issued, or when or whether fuller written opinions explaining the court’s reasoning will be issued.
Given the fact some of these mandates go into effect beginning next week, or in coming weeks, the justices could issue some kind of order as soon as today or this weekend.
