SCOTUS Agrees To Hear Arguments On Biden Vax Mandate
U.S. President Joe Biden responds to a question after delivering remarks on the COVID-19 response and the state of vaccinations in the South Court Auditorium at the White House complex on March 29, 2021 in Washington, DC.
Drew Angerer/Getty Images

On Wednesday, the Supreme Court announced that it would hear the challenge to the Biden administration’s vaccine or test mandate, scheduling oral arguments to commence on January 7, 2022.

The Supreme Court order reads:

Consideration of the applications (21A244 and 21A247) for stay presented to Justice Kavanaugh and by him referred to the Court is deferred pending oral argument. The applications are consolidated, and a total of one hour is allotted for oral argument. The applications are set for oral argument on Friday, January 7, 2022.

The mandate, promulgated by the Occupational Safety and Health Administration (OSHA), requires that all companies with 100 or more workers mandate COVID-19 vaccination or weekly testing and masking for employees.

The decision comes after The Daily Wire, as well as other petitioners, asked the Supreme Court to take up the case.

On Friday, the 6th Circuit Court of Appeals dissolved the stay put in place by the 5th Circuit. Judge Jane B. Stranch wrote the lengthy order, which criticized the 5th Circuit’s reasoning for issuing the original stay.

Judge Joan Larsen penned the dissent, which notes that the petitioners seem likely to succeed:

[Petitioners] say, for example, that the mandate violates the nondelegation doctrine, the Commerce Clause, and substantive due process; some say that it violates their constitutionally protected religious liberties and the Religious Freedom Restoration Act of 1993. To lift the stay entirely, we would have to conclude that not one of these challenges is likely to succeed. A tall task.

The Daily Wire’s Tim Pearce reported on Wednesday, prior to the decision being announced:

The Sixth Circuit’s decision followed an earlier vote that denied The Daily Wire’s petition to hear the case en banc, or in front of the full slate of Sixth Circuit judges. The petition was denied in an 8-8 vote after which the court’s chief judge, Jeffrey Sutton, slammed the Biden admin rule in a lengthy dissent from the court’s decision.

“It is one thing to tell a worker to don a mask at the start of a hazard-filled shift and doff it at the end. It is quite another to tell a worker to vaccinate on the basis of a risk that exists whether he is on the clock or off and that amounts to a medical procedure that cannot be removed at the end of the shift,” Sutton wrote. “Confirming the point, the Secretary of Labor has never imposed a vaccine mandate or for that matter a vaccinate-or-test mandate on American workers. The [Occupational Safety and Health Act] does not clearly give the Secretary power to regulate all health risks and all new health hazards, largely through off-site medical procedures, so long as the individual goes to work and may face the hazard in the course of the workday.”

On Monday, Daily Wire co-Founder and co-CEO Jeremy Boreing issued a statement regarding the company’s appeal to SCOTUS:

We are confident in our cause. We have the rule of law – administrative and constitutional – on our side. We have the science on our side. We have the best and most moral arguments on our side. … If the Supreme Court will hear our case, we will win. If they won’t, it won’t just be a loss for us at The Daily Wire, but for all Americans. It’s hard to claim to be a free country when you can force businesses to force their employees to either violate their own consciences and inject themselves with drugs they do not wish to take, be discriminated against, or be fired.

This article has been expanded after publication to include additional content.


The Daily Wire is fighting Joe Biden’s vaccine mandate in federal court. Join us in this fight by signing our petition to OSHA, telling them that you will not comply with this mandate.

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The Daily Wire   >  Read   >  SCOTUS Agrees To Hear Arguments On Biden Vax Mandate