What’s new: Yesterday afternoon (1/13/22), the Supreme Court struck down OSHA’s COVID-19 emergency temporary standard (ETS), which would have required firms with 100+ employees to implement vaccine mandates or frequent testing requirements. The Court allowed a similar mandate from the HHS for federally funded health care facilities to move forward. Dig deeper: “OSHA has never before imposed such a mandate,” the Court wrote in its 6-3 opinion. “Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.” Key quote: In a concurring opinion, Justice Gorsuch wrote, “The question before us is not how to respond to the pandemic, but who holds the power to do so. The answer is clear: Under the law as it stands today, that power rests with the States and Congress, not OSHA.” Read more: Click here to read more from the Associated Press. Full Opinions: Here are the full OSHA and HHS opinions.