Assignment Details
In this unit, you are studying the executive branch and the power that the president exercises. The president’s power derives from Article II of the U.S. Constitution, from Acts of Congress and from implied powers. Two of the many ways that a president may choose to exercise their power or authority are through executive orders and administrative agencies. During the 2021–2022 Supreme Court term, the U.S. Supreme Court issued two opinions about vaccine mandates. Both opinions involved the president exercising his power through two different agencies—the Department of Labor (DoL) through the Occupational Safety and Health Administration (OSHA) and the Department of Health and Human Services (HHS).
In the first opinion, National Federation of Independent Business v. Department of Labor, OSHA, the Supreme Court held that OSHA exceeded its powers by imposing a vaccine mandate on an estimated 84.2 million employees in the United States and granted the requested stay.
In a second case, Biden v. Missouri, the Supreme Court upheld the vaccine mandate that was imposed upon health care workers.
For this assignment, select 1 of these two cases. Read the case, view the supplemental materials, and respond to the corresponding questions in a 4–5-page paper.
The President Exercises Power Through an Administrative Agency
Case 1
Read National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration. ( https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf )
View the following supplemental materials that discuss the case:
Karen Harned Discusses U.S. Supreme Court’s Vaccine Mandate Decision ( https://pages.nfib.com/EM-2022-1-NAT-Supreme-Court-Vaccine-Mandate-Victory-ABSB_LP-Video-A.html )
Supreme Court Blocks Biden COVID Vaccine Mandate for Businesses, Allows Health Care Worker Rule ( https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html )
After reading the case and viewing the supplemental materials, answer the following questions:
Summarize the facts of the case in your own words.
Summarize the regulation that OSHA passed regarding mandatory vaccinations for employees. To whom did the vaccine mandate apply and were there any exceptions to the vaccine requirement?
Did the Court find that OSHA acted within its powers to pass the vaccine mandate? Discuss the Court’s reasoning or explanation for its ruling.
Finally, discuss whether you agree or not with the per curiam majority opinion, concurring opinion, or the dissenting justices. Explain your answer in detail.
Case 2
Read Biden v. Missouri. ( https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf )
Review the following supplemental materials:
2022 Supreme Court Review (watch from 1:03:36 to 1:05:09) ( https://constitutioncenter.org/news-debate/americas-town-hall-programs/2022-annual-supreme-court-review )
Supreme Court Blocks Biden COVID Vaccine Mandate for Businesses, Allows Health Care Worker Rule. ( https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html )
After reading the case and viewing the supplemental materials, answer the following questions:
Summarize the facts of the case in your own words.
Summarize the regulation that the HHS Secretary passed regarding mandatory vaccinations for health care workers. To whom did the vaccine requirement apply and were there any exceptions?
Did the Court find that the HHS Secretary acted within their power to pass the vaccine mandate for health care workers? Discuss the Court’s reasoning or explanation for its ruling.
Finally, discuss whether you agree or not with the per curiam majority opinion or dissenting justices. Explain your answer in detail.
APA Formatting of Possible References and In-text Citations
Because you are discussing a case, either Biden v. Missouri or National Federation of Independent Business v. Department of Labor, please make sure that you list one of these case citations in your list of references and in-text citations, which are listed in bold below.
(All references are double-spaced, in alphabetical order, and include a hanging indent.)
References
Case 1 (National Federation of Independent Business v. Department of Labor)
Breuninger, K., & Kimball, S. (2022, January 13). Supreme Court blocks Biden COVID vaccine mandate for businesses, allows health-care worker rule. CNBC. https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html
National Federation of Independent Business. (2021). Karen Harned discusses U.S. Supreme Court’s vaccine mandate decision [Video]. https://pages.nfib.com/EM-2022-1-NAT-Supreme-Court-Vaccine-Mandate-Victory-ABSB_LP-Video-A.html
National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration, 595 U.S. ____ (2022). https://supreme.justia.com/cases/federal/us/595/21a244/
In-text citations to go with the above references
(Breuninger & Kimball, 2022).
(National Federation of Independent Business [Video], 2021).
(National Federation of Independent Business v. Department of Labor, 2022).
Case 2 (Biden v. Missouri)
Biden v. Missouri, 595 U.S. ____ (2022). https://supreme.justia.com/cases/federal/us/595/21a240/#:~:text=Supreme%20Court%20stays%20an%20injunction,are%20vaccinated%20against%20COVID%E2%80%9319
Breuninger, K., & Kimball, S. (2022, January 13). Supreme Court blocks Biden COVID vaccine mandate for businesses, allows health-care worker rule. CNBC. https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html
National Constitution Center. (2022, July 12). 2022 Annual Supreme Court Review. https://constitutioncenter.org/news-debate/americas-town-hall-programs/2022-annual-supreme-court-review
In-text Citations to go with above references
(Biden v. Missouri, 2022).
(Breuninger & Kimball, 2022).
(National Constitution Center, 2022).
