The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.
George Mason University Law Professor Ilya Somin debates Libertarian Party activist Angela McArdle
George Mason University Law Professor Ilya Somin debates Libertarian Party activist Angela McArdle
The Supreme Court has asked for responses to the federal government's stay request.
The Biden Administration is seeking to stay lower court injunctions against the mandate.
Are the justices exercising the passive virtues?
The district court's justification for a nationwide injunction was decidedly lacking.
A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel
15 out of 16 adult New Yorkers have gotten the jab, but that's not enough to keep government from fining businesses and excluding kids.
Los Angeles Unified School District's 34,000 unvaccinated teens should not go back to virtual learning.
"Public health [officials] don't get to people what to wear; that's just not their job," Polis told a Colorado public radio station.
The nation's capital has perhaps the least intrusive pandemic policies of any big, blue American city.
Now that a federal appeals court has weighed in, the CMS mandate may reach One First Street.
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Two federal district courts have now ruled against the mandate for federal contractors.
Requiring kids as young as 5 to either get vaccinated or stay home is not as smart or as necessary as de Blasio claims.
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The mayor also said that children aged 5–11 will have to be vaccinated in order to go to restaurants or engage in "high-risk" extracurricular activities.
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Two district courts have granted injunctions against the rule requiring vaccines for workers at Medicare and Medicaid providers, one nationwide.
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The government argues that the 5th Circuit erred in concluding that the rule "grossly exceeds OSHA's statutory authority."
California is leading the country in student vaccine mandates that will disproportionately harm the education of poor and minority students.
The latest restrictions come less than a week after the country ordered its unvaccinated population into lockdown.
A petition has been filed asking the full court to hear the legal challenges to the OSHA COVID-19 vaccinate-or-test mandate.
The agency is staying in its lane—for now.
As a result of the multi-district litigation lottery process, all of the challenges will be heard in a single circuit.
While the court identified serious problems with the new OSHA regulation requiring larger employers to vaccinate or test their workers, its opinion was rushed and sloppy.
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A unanimous three-judge panel concludes that the decree "grossly exceeds OSHA's statutory authority."
Is the COVID-19 virus an "agent"?
The U.S. government doesn't reflect on its spending history, and that shows.
The appeals court said the rule, which was published on Friday, raises "grave statutory and constitutional issues."
The stay may only last a very short time. But it does suggest the judges think the plaintiffs have a serious case to make against the mandate.
Several Republicans are seeking to overturn the new OSHA rule. Despite the razor-thin margins in both Houses, a repeal resolution will not get enacted.
The Center for Medicare and Medicaid Services has adopted a more stringent rule for health care providers than OSHA is imposing on large employers.
The rule just issued by OSHA has fewer legal flaws than the initial plan floated by the White House. But it's still problematic, and could set a dangerous precedent if upheld by courts.
Federal courts will have to decide whether the rule is "necessary" to protect workers from a "grave danger."
The federal standard contains some carve outs that were not part of the White House announcement, likely to help insulate rule from legal challenge. (Updated with a response to Ilya Somin.)
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Neither politician is willing to tolerate deviation from the one business policy he thinks is best.
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