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justices on the court brought up illegal issues with the scope of the mandate in the administration acting without congressional approval. for more on what's going on let's bring in jonathan truly george washington university law professor and a fox news contributor. professor this is such an interesting take if i were an hr person at a major company this is supposed to take effect for private employers tomorrow how do we know when the court real world. >> us down to the wire they could issue released on the injunction anytime now there are two cases a major one involves the osha rule that is for all companies over 100 employees. the second one deals with medical or healthcare facilities. the has a smaller footprint most eyes are on the osha case that's
constitution. justices are not real keen on constitutional workarounds. they prefer straight constitutional authority. they didn't see that here. robert's comment is very interesting. at one point he said when this thing was written they were closer to the spanish flu than covid-19. how can you say that this was covered? this is a fairly unprecedented act. i think they are really looking at serious trouble on osha whic is the more bigger and significant of these orders. on the medical side for the medical health order, they seem more willing to recognize that this could be upheld. one thing they noted is that th facilities in those cases were not challenging the rule. most of these medical facilitie have a rule for vaccinations. most of us are looking primaril at the osha rule. that's the one that could produce not only a serious setback for the biden
variants. a third monoclonal treatment from glaxo schmidt klein continues to work against omicron but u.s. supplies are limited. and, bret, a new york appeals judge has temporarily reinstated governor hochul's indoor mask mandate that while say health officials appeal a lower court ruling against it the governor says she is optimistic the state will prevail. bret? >> bret: jonathan serrie live in atlanta. home of the cdc. jonathan, thank you. the biden administration has officially withdrawn a rule that would have required workers at big companies to be vaccinated or face regular covid testing requirements. that's the osha rule. u.s. supreme court rejected the ruling earlier this month. the justices left in place a vaccine mandate for healthcare providers who received federal medicare or medicaid funding. tension escalates with russia over ukraine. congressional republicans are urging president biden not to forget about china. the beijing government continues its intimidation tactics against
Supreme Court stayed the OSHA rule requiring large employers to collect vaccination data and require either vaccination or weekly testing. In a separate opinion, the Supreme Court upheld the CMS rule that mandates COVID-19 vaccination for employees of health care providers.
In two separate opinions, the Supreme Court, as appeared likely from oral argument, stayed the OSHA mandate but declined to stay the CMS mandate. The mandate flunked the major questions doctrine as Congress did not clearly delegate OSHA authority to issue the mandate.
The Supreme Court will hear arguments on Friday on two of President Joe Biden's COVID shot mandates. One of the primary arguments against the mandates is that the president doesn't possess the authority to issue those mandates – or use a federal agency to do so.
Governor Mark Gordon put a statement out in response to a circuit court overruling a previous decision that let a rule by OSHA requiring businesses to have their employees vaccinated.