On January 13, 2022, the U.S. Supreme Court issued the much anticipated decision blocking a nationwide vaccine and testing mandate for large employers. The Secretary of Labor, acting through OSHA, enacted a vaccine mandate for employer with more than 100 employees. The Court noted that OSHA has never before imposed such a mandate. Additionally, while Congress had enacted significant legislation addressing the COVID-19 pandemic, Congress declined to enact any of the measures OSHA attempted to implement.

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