(WKBN) – The U.S. Supreme court Friday heard two hours of arguments led by Ohio Attorney General Dave Yost and 26 attorneys general about President’s Biden’s vaccine mandate.
The group wants to put a stop to the COVID-19 vaccination mandate issued by the Occupational Safety and Health Administration (OSHA).
Yost admitted he is triple vaccinated, received the booster and had contracted the virus. He encourages everyone to get the vaccine. His argument is that a mandate should be argued by elected officials not mandated by an unelected entity like OSHA or without the say of the people.
“The police powers to regulate health predominately belong to the states and have through history our country,” Yost said. “That is why the CDC does not issue regulations. They issue guidance. It’s the state and city health departments where the action actually happens.”
Also testifying was Ohio Solicitor General Benjamin Flowers. He argued that Congress did not grant OSHA unlimited power to mandate the vaccination without public notice or comment, but only a limited power to create temporary regulations to protect employees from exposure to dangerous workplace substances.
“OSHA is a workplace safety agency, not a general public health agency like the CDC and State public health agencies,” Yost said.
In the vast majority of businesses, Flowers maintained, COVID-19 is no more hazardous, and indeed often less hazardous than outside the workplace. Thus OSHA overstepped its authority
The mandate would start Monday and apply to businesses with 100 or more employees. Those that don’t get the vaccine would have to be tested weekly at their own expense and wear a mask.