Yesterday, the Supreme Court of the United States (SCOTUS) ruled that the employer mandate imposed by the Biden administration exceeds the authority of the Occupational Safety and Health Administration (OSHA) putting an end to the vax or test mandate. The decision comes just days after the mandate technically took effect on January 4, although the administration delayed its formal enforcement until January 10 and the testing component until February 9. In the unsigned 6-3 decision, the court explained that “[A]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.” The court further called the mandate no “everyday exercise of federal power”, rather categorizing the diktat as “a significant encroachment into the lives – and health – of a vast number of employees.” Justice Neil Gorsuch wrote his own concurring decision, while the court’s three liberal members, Justices Breyer, Kagan and Sotomayor, were united in their opposition and dissent. In a separate decision, the court ruled 5-4 (with Chief Justice Roberts and Justice Kavanaugh joining the liberal members) that the CMS mandate governing health care workers was within the administration’s authority.