I think they strike it down, Wiz. I think they should strike it down. I don't think this is within OHSA's delegated authority. It's a fairly technical administrative law issue, so it's probably not worth going into that much. I'm not sure where Kav and ACB stand, but IMO it's a pretty clearly beyond OHSA's authority.
Here's the general gist. First, Congress, I think, could pass a law mandating vaccines. I think there's a plausible tie to interstate commerce. Second, I think an agency could implement a vaccine mandate if Congress passed a law directly authorizing them to implement mandates. But, here, Congress authorized OHSA so oversee occupational safety and those words work together -- they oversee safety issues created or associated with the occupation. So, you know, acid factories have to implement safeguards against melting workers' faces off. with acid Covid isn't associated with a particular occupation. And the mandate is so broad that it even applies to employees who work from home and face and present zero occupational risk.
I'm fairly certain the Court will say that if you want to pass something so big and important you need to do it through Congress.
I mean, under this logic, I think OHSA could ban driving to work because carbon emissions will kill the planet or something.
Here's the general gist. First, Congress, I think, could pass a law mandating vaccines. I think there's a plausible tie to interstate commerce. Second, I think an agency could implement a vaccine mandate if Congress passed a law directly authorizing them to implement mandates. But, here, Congress authorized OHSA so oversee occupational safety and those words work together -- they oversee safety issues created or associated with the occupation. So, you know, acid factories have to implement safeguards against melting workers' faces off. with acid Covid isn't associated with a particular occupation. And the mandate is so broad that it even applies to employees who work from home and face and present zero occupational risk.
I'm fairly certain the Court will say that if you want to pass something so big and important you need to do it through Congress.
I mean, under this logic, I think OHSA could ban driving to work because carbon emissions will kill the planet or something.
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