We wrote about how the Sixth Circuit Court of Appeals stated the vaccine mandate was constitutional, and how it was now up to whether or not the Supreme Court would be willing to hear the case. We have our answer: the Supreme Court has agreed to a special hearing on January 7th.
Were the Supreme Court to decline the case, the vaccine mandate would be official regulation. Now, the trucking industry has a fighting chance at being able to drive without getting the shot.
On January 7th the Supreme Court will be hearing arguments as to the constitutionality of requiring companies with 100 or more workers to have a workforce fully vaccinated against COVID-19.
The special hearing’s timing is impeccable and explains why the Supreme Court is hearing this case before the AB-5 injunction case. With the vaccine mandate becoming official on January 10th, the Supreme Court will have about 72 hours to decide for medium and large-sized businesses everywhere if employees need the jab.
The current Supreme Court comprises of:
- John Roberts (Chief Justice, appointed by George W. Bush)
- Clarence Thomas (George H.W. Bush)
- Stephen Breyer (Clinton)
- Samuel Alito (George W. Bush)
- Sonia Sotomayor (Obama)
- Elena Kagan (Obama)
- Neil Gorsuch (Trump)
- Brett Kavanaugh (Trump)
- Amy Coney Barrett (Trump)
With the current Supreme Court leaning slightly conservative, the outcome is more likely than not that the OSHA mandate will be deemed unconstitutional. No doubt trucking industry stakeholders should be elated to hear that they have agreed to hear the case when the alternative would have been to require the vaccine.
What Happens Next
If the Supreme Court rules in favor of OSHA, there are still workarounds that the common trucker can employ to avoid the vaccine mandate. Most notably, we predict that should the mandate become official, we will be seeing a shift in the trucking workforce to many smaller companies with employee totals of less than 100. The trucking industry will become a lot more fragmented.
We at TopMark Funding support the vaccine, but we also support people’s right to not get the vaccine. If you opt to not get vaccinated, all we ask is that you partake in an extra bit of diet and exercise to help curb your chances of symptoms, hospitalization, or death should you become infected with the virus.
ABOUT TOPMARK FUNDING
TopMark Funding is a top-rated semi-truck financing and trailer financing company located in Roseville, CA. We specialize in commercial trucking and heavy equipment. Our mission is to become your long-term financial partner by helping you grow your trucking business and fleet.
We’re not here for the short-term, we’re on the long-haul with you!
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Fill out the contact form or give us a call at (866) 627-6644. One of our truck financing specialists will contact you as soon as possible to go over your truck lease needs and learn more about you and your business financing goals.
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