Statement of SBE Council’s Kerrigan on the SCOTUS Vax-or-Test Mandate Decision

By at 13 January, 2022, 4:51 pm


For Immediate Release

Washington, D.C. – Today, the U.S. Supreme Court ruled against the Biden Administration’s broad vaccine-or-test mandate imposed by OSHA for employers with 100 or more workers, and Small Business & Entrepreneurship Council (SBE Council) president & CEO Karen Kerrigan issued the following statement:

“Entrepreneurs and employers have been on the front lines of keeping their workplaces and customers safe during the COVID pandemic, and they are best able to respond to the twists-and-turns of the ongoing pandemic without the inflexibility and burden of a federal mandate. Not only did OSHA exceed its authority, according to the Supreme Court, but it also put forward an unworkable mandate that was complex, punishing, expensive and impossible to implement – especially now given the shortage of tests and testing. With this cloud of uncertainty gone for most employers, the small to mid-size community can focus a little more clearly on keeping their doors open, their employees and customers safe, and helping the economy heal and recover.

“Our hope is that President Biden and his team now work with the business community on their core issues of concern and advance policies and strategies that support America’s businesses, rather than undermine their ability to survive and recover.”



SBE Council is nonpartisan advocacy, research and education organization dedicated to protecting small business and promoting entrepreneurship. For 27 years, SBE Council has worked on and advanced a range of private sector and public policy initiatives to strengthen the ecosystem for strong startup activity and small business growth. Visit for additional information. Twitter: @SBECouncil





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