With the number of infections soaring because of the omicron variant, several of the court's conservative justices indicated that while they believe states may have power to set vaccine requirements it is a different story for federal agencies.
"This has been referred to — the approach — as a workaround," Chief Justice John Roberts said of the requirements, adding that the decision is probably one for Congress. "This is something that the federal government hasn't done before."
Associate Justice Neil Gorsuch said states usually set health requirements. Meanwhile, the court's three liberal justices pushed hard on both the need for Americans to get COVID-19 vaccinations but also the federal government's authority to regulate the danger COVID-19 poses in the workplace and to the national economy.