The nine justices were hearing arguments for at least two hours in two cases that present a test of presidential powers to combat a public health crisis that has killed more than 830,000 Americans. The administration's vaccine requirement for healthcare facilities was the subject of the second case.
According to the White House, the two temporary mandates will save lives and strengthen the US economy by increasing the number of vaccinated Americans by millions.
The challengers contend that the federal government exceeded its authority by imposing requirements that were not expressly authorized by Congress and failed to follow the proper administrative procedures for issuing emergency regulations.
The first argument on Friday focused on an Occupational Safety and Health Administration (OSHA) requirement that workers at companies with 100 or more employees be vaccinated or tested on a weekly basis. Some justices suggested that the court issue a temporary stay blocking the rule while it decides how to proceed.
Some justices also questioned why the policy would be unconstitutional in the face of a historic pandemic.
"This is a pandemic that has killed nearly a million people," said liberal Justice Elena Kagan. "It is by far the most serious public health threat that the United States has faced in the last century. Every day, an increasing number of people perish. Every day, an increasing number of people become ill. And this is the policy that is most geared toward putting a stop to all of this."
"Why shouldn't OSHA have the authority to take the best possible approach to addressing what I assume you agree is a unique workplace problem?" Conservative Chief Justice John Roberts questioned an attorney for the National Federation of Independent Businesses, which, along with the state of Ohio, is leading the charge to block the mandate, which applies to more than 80 million workers nationwide.
"I would find it unbelievable that it would be in the public interest to stop these vaccinations," said liberal Justice Stephen Breyer.
In the past, the court's 6-3 conservative majority has expressed skepticism toward broad federal agency actions.
Roberts expressed skepticism about whether the OSHA mandate was workplace-specific, noting that the administration has sought to enact a variety of mandates. As a result, Roberts questioned whether the court should address the issue as a broad exercise of executive power.
"Why doesn't Congress have a say in this... and why isn't this the states' primary responsibility?" Roberts inquired.
Conservative Justices Neil Gorsuch and Brett Kavanaugh both questioned whether the OSHA rule could be declared invalid under a legal doctrine that states that Congress must provide a clear statement on a specific issue before a federal agency can issue broad regulations on it.
"It is not that judges are expected to decide some public health issue; rather, it is about regulating the rules of a system to ensure that the appropriate party does. Is this (a question) one that has been delegated to agencies or one that Congress has designated as a major issue under our federal system?" Gorsuch inquired.
HEALTHCARE EMPLOYEES
Vaccination is required for an estimated 10.3 million workers at approximately 76,000 healthcare facilities, including hospitals and nursing homes, that participate in the Medicare and Medicaid government health insurance programs for the elderly, disabled, and low-income Americans.
The rule was issued by the Centers for Medicare & Medicaid Services (CMS), the federal agency in charge of administering the two programs. The states of Missouri and Louisiana are leading the arguments before the Supreme Court in their quest for a restraining order.
In arguing for Biden's administration, U.S. Solicitor General Elizabeth Prelogar noted that the pandemic poses a serious workplace risk. According to the administration, Congress gave federal agencies broad authority to require employers to protect workers and Medicare and Medicaid patients from health and safety hazards.
"We believe lives are being lost every day," Prelogar said.
A court spokeswoman said that Justice Sonia Sotomayor was participating in the arguments from her chambers, and that two arguing attorneys, the solicitors general of Ohio and Louisiana, were participating remotely by phone. According to his office, Ohio Solicitor General Benjamin Flowers tested positive for COVID-19, and Louisiana Solicitor General Liz Murrill argued remotely "in accordance with COVID protocols."
The justices worked remotely for the majority of the pandemic, but returned to in-person arguments in October. According to the court, all nine are fully vaccinated. Due to the pandemic, the court is still closed to the public.
The Supreme Court has already addressed several pandemic-related cases, rejecting religious-based challenges to state vaccine requirements. The cases on Friday put the federal government's authority to issue vaccine mandates to the test for the first time.
In other pandemic-related cases, the court has supported religious challenges to certain restrictions and lifted the federal government's residential eviction moratorium, which was imposed by former President Donald Trump.
Vaccination has become a divisive issue in the United States, as it has in many other countries, with some people vehemently opposed and many Republicans critical of mandates imposed by governments and businesses. The Omicron coronavirus variant is causing an increase in COVID-19 cases in the United States and other countries around the world.
While litigation on the legality of the policy continues, Biden's administration is asking the Supreme Court to vacate orders by federal judges in Missouri and Louisiana that have blocked the healthcare worker mandate in half of the 50 states.
The 6th U.S. Circuit Court of Appeals in Cincinnati lifted an injunction issued by another court that had blocked the OSHA rule affecting large businesses on December 17, prompting challengers to ask the Supreme Court to intervene.
Decisions in both cases are expected soon, with the administration's compliance deadlines looming.