Supreme Court Will Hear Emergency Challenges to Biden Vaccine Mandates

The Supreme Court will hear emergency challenges to two of the Biden administration's vaccine mandates during a special session in January.

The mandates at issue apply to health care personnel and businesses with at least 100 employees, affecting tens of millions of workers across the nation. A coalition of red states, business groups, and religious organizations say both mandates go beyond the administration's authority.

The appeals come as the Biden administration is scrambling to scale up testing capacity two years into the pandemic. The employer mandate underscores the testing gaps, as millions of unvaccinated workers could be required to submit to tests they can't access. President Joe Biden said in an interview Wednesday that he wished he had taken steps to improve the supply of tests earlier, after denying his approach was too lethargic during a press conference on Tuesday.

The announcement creates still more uncertainty for regulated employers. Affected health care workers are supposed to complete their vaccination regimens by Jan. 4. And the Occupational Safety and Health Administration was slated to begin enforcing the employer mandate on Jan. 10. It's unlikely the appeals will be resolved at that point, so the agency and covered workplaces will be in a holding pattern for the time being.