not sure this is political post or not. Wanted it on Keiths board but figured it could turn political.
They handled each mandates separately (OSHA and CMS). And Different attorney's on both sides argued the cases (so 4, actually 5 attorneys since the CMS plaintiff had 2 attorneys arguing, 1 much more effective than the other)
The OSHA Mandates seemed much more likely to be Stayed in my opinion. I may prove my ignorance when they rule by Monday but the court seemed, based on questions and answers, much more likely to put in a stay on enforcement of the OSHA mandates based on the limit on OSHA power. The 3 liberal judges were pretty much on their normal lane. I will say Gorsuch, Kavanaugh, and Barrett were hard on both sides but I think leaned to the side against OSHA. Thomas was typical this is overreach.
The CMS mandate stuff was not as clear. First, the first attorney arguing the case for the States seemed very ill prepared for the line of questioning. He stumbled a lot. the 2nd attorney from LA (called her General) was much more effective in representing the states position but I think the damage had already been done by the first attorney.
The gist of the arguing had to do around the CMS Role of health and welfare of Medicare and Medicaid recipients. Argued around how they can mandate use of gloves, masks, sterilization of instruments, height of beds, types of food and snacks etc. and if they can mandate/require states to ensure safety in those areas why not a vaccine to transmit disease?
The first attorney did say all those things can be removed (masks, gloves, gowns etc) when you leave work but a vaccine can not be undone when you leave work. He is right. But not sure the justices heard that.
I would have argued material breach of contract between states and Fed. Gov as the States are the contractor and this is a position that CMS has never taken before...one that determines who gets to provide services, a power usually vested within the state programs.
I am very concerned. Out of an 89 Bed facility I am already down to 45 beds due to staffing. At this point, 26% of my staff are still not vaccinated. And they are adamant. They can leave and have options, particularly if the OSHA mandate is overturned.
This is an argument they did not make. In rural and small settings, particularly in Nursing Homes and MH Residential care facilities, the paraprofessionals make up the bulk of our staffing and those are the same population that other industries are trying to hire. We will be creating a Nursing home and RTC Staffing crisis if this is upheld. I will have no choice but to be out of compliance.
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