The Supreme Court on Vaccine Mandates + The State of American Business 2022 Highlights
January 14, 2022

Weren't able to join the 2022 State of American Business virtual event this week? Or, just want to watch it again? Click here to view the recording of the event and continue reading below to find links to recordings from key speakers.

The Supreme Court on Vaccine Mandates

Yesterday, the Supreme Court issued their much anticipated decision on OSHA's (Occupational Safety and Health Administration) 'vaccine or test' Emergency Temporary Standard (ETS).  By a 6-3 majority, the Court reinstated the stay that had been dissolved by the Sixth Circuit panel. 

Key points of the decision:

• OSHA exceeded its authority by trying to regulate a hazard that is not specific to the workplace; OSHA does not have authority to regulate public health.
• To allow this regulation to remain in place would significantly expand OSHA's authority with no limiting principle.
• Congress has not given OSHA specific enough authority to regulate such a broad hazard.

The case will now go back to the Sixth Circuit for further consideration on the merits of the challenge consistent with the Supreme Court's decision. Therefore, while blocked from going into effect, the ETS is not yet invalidated.

Pass the Mic: Featured Speakers from the 2022 State of American Business and What They Shared

Five Takeaways from U.S. Chamber President and CEO Suzanne Clark's Address

1. Innovation and resilience—not government overreach—will promote competition and American enterprise.
 

Despite clear innovation, resilience, and the dynamism of our economy, Clark said we have leaders who think the government needs to step in and impose a heavy hand. Read more.

2. To help win the competition for talent, we need to grow the workforce.
 

Addressing the worker shortage crisis, Clark called for doubling the number of people legally immigrating to the U.S., a permanent solution for the Dreamers, and the removal of the barriers faced by working parents, those with limited access to broadband, and formerly incarcerated adults. Read more.

3. By one vital measure—trade—the U.S. is falling behind.
 

While other economies race to ink new deals, the U.S. hasn’t entered an agreement with a new trade partner in a decade. And the current administration—consumed by caution and internal reviews—is doing little to change that. Read more.
 

4. We need more politicians willing to compete on the strength of their ideas and the ability to achieve them.

Clark said that our democracy is strongest when candidates and elected officials are focused on winning people over to their ideas, and then building broader coalitions to turn those ideas into good policy. Read more.
 

5. Businesses need to get louder, more passionate, and less apologetic.
 

“Businesses are key stakeholders in this democracy. Leaders in this country. The greatest way we can serve this country is by succeeding on its behalf and fighting for policies that will enable us to usher in a new economic era.” Read more.