As we continue into our second year in the pandemic, the methods being implemented have evolved from 2020 to 2022. Two different presidential administrations have tried to handle the COVID-19 outbreak. Former President Donald Trump favored a more conservative, hands-off approach in directing nationwide mandates which assisted in giving state governments more leeway and power in response to the pandemic.

This decentralization was harshly condemned by both the Democratic-controlled Congress and then president-elect Joe Biden. The handling of the pandemic by the Trump administration was a key factor in the 2020 presidential election, which saw Joe Biden and the Democratic Party come to power. Their methods on handling the current crisis were a drastic change of pace from the previous administration.

Months after his inauguration, Joe Biden announced a vaccine mandate targeting over 80 million Americans in the private sector. This came along with an additional mandate that made vaccination mandatory to healthcare workers through the government funding of programs like Medicare and Medicaid. Immediately, the Biden Administration was hit with several lawsuits from a wide variety of opponents. According to the BBC, opponents included several Republican states and some business groups, who claimed the administration was overstepping its power with the requirements.

This use of federal power by the 46th President was in contrast to those of his predecessor, and it seemed that the Supreme Court has had enough of the growing use of federal power.

Earlier last week, the Supreme Court ruled against the Biden Vaccine Mandate in regards to having OSHA (Occupational Safety and Health Administration) dictate the mandate to private businesses with over 100 employees. The court, with 6 conservative justices (three of whom were appointed under Donald Trump), ruled 6-3 against OSHA, claiming that the mandate exceeded the administration’s authority granted by Congress over 50 years ago.

However, two of the conservative Justices sided with their liberal members in holding up the federal government’s mandate on healthcare workers through the funding of entitlement programs like Medicare and Medicaid. The ruling, 5-4, solidified the requirement of healthcare workers to be vaccinated while employed by a medical institution that receives federal funding.

So, with the recent rulings on two different mandates by the Federal government, we possibly see the precedents being set in regards to future mandates. The conservative court has, so far, ruled that private businesses do not have to be forced to mandate vaccines by the President using OSHA’s charter by Congress. The court concluded that, if OSHA wanted this authority, it would have to seek it through a bill in Congress. With the current state of the legislature and the political attention a bill like this would receive, it’s very unlikely OSHA will receive the legal support that it will need to comply with the court’s decision.

As for healthcare workers, according to the Supreme Court, working for an entity that receives federal funding can be grounds to mandate vaccination among its workforce. This new line in the sand will likely be referenced in future cases, where federal authority to regulate health comes into play. The precedent of these rules is that the federal government CAN mandate health requirements of certain workers if their institution receives federal dollars, whereas private businesses cannot be mandated.

This development now throws the responsibility to non-medical businesses on whether or not their workers are vaccinated. Currently, only 33% of businesses that would be affected by the Biden Mandate have implemented it. This blow to the federal government will not stop more mandates, but it will also not take the power away from the government to put back into private employers and individuals.

Should we and businesses have this power? Should the government mandate vaccination against COVID?

For the majority of Americans, this mandate wouldn’t affect them at all, as they have received their shots. However, all of us can probably think of someone, whether they are a coworker, friend, or family member who has been hesitant about getting the vaccine. We have to ask ourselves if they should be compelled into making a health choice they might disagree with. Some would argue that the threat the virus poses to the community trumps any personal rejections. These questions will continue to be asked, and we will continue to look for answers.