Another contribution to recent scholarship on whether the Nondelegation Doctrine is properly rooted in the Constitution's original meaning and founding era understandings.
Assorted observations on yesterday's opinions, what they mean, and what comes next.
BREAKING: SCOTUS Stays OSHA Vax-or-Test Rule, Allows CMS Vaccine Mandate for Health Care Workers to Take Effect
By divided votes, the justices entered stayed t the OSHA Emergency Temporary Standard and stayed the lower court injunctions against the mandate that Medicare and Medicaid service providers require their employees to get vaccinated.
Does it matter that the year Congress enacted the Occupational Safety and Health Act was as proximate to the Spanish Flu as to today?
Divided Sixth Circuit Panel Refuses to Stay Injunction Against Vaccine Mandate for Federal Contractors
The panel rejects the argument that the Federal Property and Administrative Services Act allows the federal government to require vaccination for nearly one-fifth of the American workforce.
The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.
The Biden Administration is seeking to stay lower court injunctions against the mandate.
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
The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.
Now that a federal appeals court has weighed in, the CMS mandate may reach One First Street.
District Court Issues National Injunction Against Biden Administration Vaccine Mandate for Federal Contractors
Two federal district courts have now ruled against the mandate for federal contractors.
The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.
Two district courts have granted injunctions against the rule requiring vaccines for workers at Medicare and Medicaid providers, one nationwide.
A petition has been filed asking the full court to hear the legal challenges to the OSHA COVID-19 vaccinate-or-test mandate.
As a result of the multi-district litigation lottery process, all of the challenges will be heard in a single circuit.
In rejecting Breeze Smoke's application for a stay of the FDA's rejection of their product applications, the Sixth Circuit disagrees with the Fifth Circuit.
Assessing the Fifth Circuit's Decision Staying OSHA's Vaccinate-or-Test Emergency Temporary Standard
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.
A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”
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.
Biden Administration Imposes Vaccine Mandate on Health Care Facilities that Participate in Medicare or Medicaid
The Center for Medicare and Medicaid Services has adopted a more stringent rule for health care providers than OSHA is imposing on large employers.
OSHA (Finally) Issues Emergency Standard Mandating Large Employers Require Vaccination or Testing (Updated)
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.)
Yesterday's decision eviscerated the Food and Drug Administration for its arbitrary and capricious handling of vaping product applications
Without attention to the onerous permitting process for offshore wind and other energy projects, efforts will be plagued by costly delays.
An extended symposium engaging with an important new book on the use and misuse of cost-benefit analysis in regulatory review.
Exploring the legal issues raised by another of the Biden Administration's newly announced COVID policies.
Why legal challenges to the new rule are more likely to focus on the details than on broad challenges to OSHA's authority.
Professors Zachary Price and Benjamin Eidelson offer competing takes.
The D.C. Circuit rejects an effort to obtain internet browsing histories under the Freedom of Information Act
Two professors have proposed using the CRA to authorize agency actions and avoid the filibuster. Would it work?
Last week, the CRA was used for the first time to repeal regulations adopted by a Republican President.
An interesting administrative law tidbit in one of today's Supreme Court decisions.
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
The Sixth Circuit made quick work of a district court opinion concluding Ohio lacked standing to sue for overdue Census data.
Focusing on time and the "nondelegation baseline" would be one way to constrain excessive delegation.
Two recent papers examine the state experience with nondelegation.
Senate Democrats vote to repeal a Trump Administration regulation easing restrictions on methane emissions.
My contribution to the online symposium on Sunstein & Vermeule's Law & Leviathan
A series of essays weighing Cass Sunstein and Adrian Vermeule's effort to redeem the administrative state.
A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.
The CRA may offer Democrats a quick and easy way to repeal Trump Administration regulations, if they are willing to use it.