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United States: the obligation for employees to be vaccinated examined at the Supreme Court | Coronavirus


Why is it not necessary to reduce serious risks? Judge Elena Kagan asked the lawyer for business associations opposed to this measure.

It’s a pandemic that has killed nearly a million people, did she say.

It’s about greatest danger in terms of public health that the country has had to face in the last century, and this policy is the most likely to put an end to all this, said the judge.

Scott Keller, who represents business associations, assured that compulsory vaccination in companies with more than 100 employees would push employees to resign.

Such a rule would cause permanent displacement of employees, which would affect our national economy, did he declare.

This measure, according to him, is not intended to regulate a hazard in the workplace. It is a danger that we face just by getting up in the morning.

Judge Stephen Breyer ruled that% “,” text “:” some people might resign, maybe 3% “}} ‘>some people might quit, maybe 3%.

But more are likely to quit when they find out they have to work with unvaccinated people, because that means they can get sick., he argued.

While Justices Kagan and Breyer seemed to be defending the measures in this way, several Conservative justices seemed skeptical about the authority of the federal administration to impose such rules.

Biden revealed his intentions in September

After months of trying to convince the reluctant, the Democratic President announced in September that he wanted to make vaccination compulsory, especially in companies with more than 100 employees.

Unvaccinated people should wear a mask and get tested weekly.

Joe Biden had also announced that vaccination would be compulsory for employees of health structures that benefit from federal subsidies.

In the country of individual freedoms, these measures were immediately denounced by elected Republican officials, who see them as an abuse of power on the part of the federal state, and by a part of the economic world which considers them counterproductive.

Until February 9 to comply

The Federal Agency for Occupational Safety and Health (OSHA) has given companies until Feb. 9 to apply the rule, at the risk of being fined.

According to White House spokeswoman Jen Psaki, these measures are essential for our nation’s response to COVID-19.

An avalanche of legal action having led to contradictory decisions, the Supreme Court had agreed to devote an exceptional hearing to it. His decision is expected within a few weeks.

In an argument sent upstream of the hearing, the Democratic administration ensures that the measure000 hospitalizations over the next six months “,” text “:” will save 6,500 lives and prevent 250,000 hospitalizations over the next six months “}} ‘>save 6,500 lives and prevent 250,000 hospitalizations over the next six months.

But for 26 employers’ associations, the rule will impose irreparable harm on thousands of businesses who will either have to finance the costs of testing reluctant employees, or face massive departures of their workforce.

Republican states, led by Missouri, advance the same argument to denounce the obligation of vaccination in a medical environment which, according to them, threatens to create crisis in rural America, because millions of workers will have to choose between losing their jobs or complying with an illegal federal obligation.

The government retorts that, in the sectors that have already imposed the vaccine, departures were ultimately very low.

Several large American groups, including the meat giant Tyson Foods or the airline United Airlines, imposed these obligations on their employees at the end of September, without major concern.

The Supreme Court, which has six conservative magistrates out of nine, has so far validated the vaccine obligations imposed in academia or by local authorities.

But its judges have already limited the federal state’s interventions linked to the pandemic, in particular by invalidating a moratorium on rental evictions.

If the highest court in the country blocked the administration’s measure, it would represent a considerable setback for Joe Biden, who has made the fight against the pandemic one of his priorities, but is facing a surge in contaminations under the effect of the Omicron variant.

The United States, where only 62% of the population is fully vaccinated due to severe political divides on the issue, has so far recorded more than 58 million cases and 834,000 deaths.

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