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OSHA

Brazilian firefighters gathered together to search for a missing person. | Joa Souza | Dreamstime.com

Regulation

Brickbat: Licensed To Look

Charles Oliver | 9.23.2024 4:00 AM

East palestine train collision led to toxins being released into the air | CHINE NOUVELLE/SIPA/Newscom

Trains

How the Media Got the Vinyl Chloride Risk All Wrong

The Ohio train accident was frightening enough. Spreading inaccurate information won’t help the citizens of East Palestine.

Josh Bloom | 3.7.2023 7:00 AM

USAvaccineDreamstime | Angellodeco/Dreamstime.com

Coronavirus

Cato Supreme Court Review Article on the Supreme Court's January 2022 Vaccine Mandate Decisions

I am one of the relatively few people who think the Court got both cases right.

Ilya Somin |The Volokh Conspiracy | 8.9.2022 3:51 PM

USAvaccineDreamstime | Angellodeco/Dreamstime.com

Vaccine mandates

Don't Believe OSHA When It Threatens To Turn Its Rescinded Vaccine Mandate Into a Permanent Rule

That process takes a long time, and the result would face the same legal objection cited by the Supreme Court.

Jacob Sullum | 1.26.2022 6:05 PM

Banprotest_1161x653 | Bryan Olin Dozier/ZUMAPRESS/Newscom

Vaccine mandates

Biden Administration Withdraws Business Vaccine Mandate After Losing Supreme Court Case

SCOTUS rejected attempt to bypass Congress with an emergency regulation.

Julian Verdon | 1.26.2022 4:00 PM

Administrative Law

Why the Supreme Court's Decision in NFIB v. OSHA May Be Even Worse News for Climate Regulation than You Thought

Insofar as the Court was concerned about pretext, it may be more difficult for the EPA to reduce greenhouse gases using regulatory authority to control emissions.

Jonathan H. Adler |The Volokh Conspiracy | 1.24.2022 8:17 PM

https://www.flickr.com/photos/96739999@N05/25705935635 | Paul Morigi/Flickr

Vaccine mandates

OSHA's Vaccine Mandate Illustrates the Perils of Reflexively Deferring to Government Experts

The question for the Supreme Court was not whether the policy was wise but whether it was legal.

Jacob Sullum | 1.19.2022 12:01 AM

Supreme Court Justice Neil Gorsuch | CNP/AdMedia/Newscom

Vaccine mandates

In the Case That Blocked OSHA's Vaccine Mandate, the Justices Disagreed About When COVID-19 Counts As a Workplace Hazard

The crux of the argument is the distinction "between occupational risk and risk more generally."

Jacob Sullum | 1.14.2022 1:35 PM

Vaccine mandates

Balancing the Equities in the Vaccine Mandate Case

Will Baude |The Volokh Conspiracy | 1.14.2022 11:24 AM

Supreme Court

Additional Thoughts on the Supreme Court's Covid-19 Mandate Decisions

Assorted observations on yesterday's opinions, what they mean, and what comes next.

Jonathan H. Adler |The Volokh Conspiracy | 1.14.2022 9:48 AM

Untitled-1 (1) | Illustration: Lex Villena; Syda Productions | Dreamstime.com

Supreme Court

Supreme Court Blocks Biden Vaccine Mandate: 'This Is No "Everyday Exercise of Federal Power"'

Separately, the court upheld Biden's mandate that health care workers must be vaccinated to work at medical facilities receiving Medicare and Medicaid funding.

Eric Boehm | 1.13.2022 3:55 PM

USAvaccineDreamstime | Angellodeco/Dreamstime.com

Vaccine mandates

Supreme Court Rules Against OSHA Large-Employer Vaccine Mandate, but Upholds Mandate for Health Care Workers

I think both rulings are correct, though not always for the reasons given by the Court.

Ilya Somin |The Volokh Conspiracy | 1.13.2022 3:43 PM

Supreme Court

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.

Jonathan H. Adler |The Volokh Conspiracy | 1.13.2022 3:33 PM

Supreme Court

COVID-19, Major Questions, and Pouring New Wine from Old Bottles

Does it matter that the year Congress enacted the Occupational Safety and Health Act was as proximate to the Spanish Flu as to today?

Jonathan H. Adler |The Volokh Conspiracy | 1.10.2022 5:51 PM

Sonia-Sotomayor-4-23-21-Newscom | CNP/AdMedia/Sipa/Newscom

Vaccine mandates

Defending OSHA's Vaccine Mandate, Sonia Sotomayor Says 'I'm Not Sure I Understand the Distinction' Between State and Federal Powers

The justice's reference to a national "police power" raised some eyebrows.

Jacob Sullum | 1.10.2022 2:55 PM

Supreme Court

Sloppy Arguments Over COVID Mandates at SCOTUS (UPDATED)

The caliber of questioning by the justices was not up to the usual standards, but the justices seemed to understand the two rules at issue present different questions.

Jonathan H. Adler |The Volokh Conspiracy | 1.8.2022 1:38 PM

USAvaccineDreamstime | Angellodeco/Dreamstime.com

Vaccine mandates

My NBC Column on the Vaccine Mandate Cases Argued before the Supreme Court Today

In my view, the Court should uphold the CMS health care worker vaccination requirement, but rule against the overreaching OSHA rule imposed on employers with 100 or more workers.

Ilya Somin |The Volokh Conspiracy | 1.7.2022 7:49 PM

Chief Justice John Roberts | CNP/AdMedia/Sipa/Newscom

Vaccine mandates

The Supreme Court Seems Inclined To Block OSHA's Vaccine Mandate

Most of the justices appear to be skeptical of the argument that the agency has the power it is asserting.

Jacob Sullum | 1.7.2022 5:25 PM

Joe-Biden-1-3-22-Newscom | Pool/CNP/INSTARimages/Cover Images/Newscom

Vaccine mandates

Biden Is Trying to Disguise a General Vaccine Mandate As a Workplace Safety Measure

The Supreme Court will ultimately decide how convincing that disguise is.

Jacob Sullum | 1.5.2022 12:01 AM

USAvaccineDreamstime | Angellodeco/Dreamstime.com

Vaccine mandates

Here Is Why the 6th Circuit Reinstated OSHA's Vaccine Mandate—and Why One Judge Disagreed

The argument hinges largely on what makes an emergency standard "necessary."

Jacob Sullum | 12.20.2021 7:50 PM

Vaccine mandates

Thoughts on Sixth Circuit OSHA Vax-or-Test Mandate Stay Decision and What Comes Next (Updated)

The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.

Jonathan H. Adler |The Volokh Conspiracy | 12.18.2021 3:10 PM

Vaccine mandates

Breaking: Sixth Circuit Refuses to Hear Challenges to OSHA Vaccinate-or-Test Rule En Banc (Updated)

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

Jonathan H. Adler |The Volokh Conspiracy | 12.15.2021 1:33 PM

USAvaccineDreamstime | Angellodeco/Dreamstime.com

Vaccine mandates

The Biden Administration Is Asking an Appeals Court to Lift the Order Blocking OSHA's Vaccine Mandate

The government argues that the 5th Circuit erred in concluding that the rule "grossly exceeds OSHA's statutory authority."

Jacob Sullum | 11.23.2021 7:20 PM

OSHA

Will Sixth Circuit Take OSHA ETS Case En Banc? (Updated)

A petition has been filed asking the full court to hear the legal challenges to the OSHA COVID-19 vaccinate-or-test mandate.

Jonathan H. Adler |The Volokh Conspiracy | 11.17.2021 6:52 PM

zumaglobaleleven316691 | Dinendra Haria/ZUMAPRESS/Newscom

Vaccine mandates

OSHA Halts Enforcement of Biden Vaccine Mandate, Pending Litigation

The agency is staying in its lane—for now.

Robby Soave | 11.17.2021 3:40 PM

23203939895_e5a95415cb_k | "Drawing lottery numbers" by Victor Wong (sfe-co2) is licensed with CC BY-NC-SA 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-sa/2.0/

OSHA

Challenges to OSHA Vaccine-or-Test Standard to Be Heard by Sixth Circuit

As a result of the multi-district litigation lottery process, all of the challenges will be heard in a single circuit.

Jonathan H. Adler |The Volokh Conspiracy | 11.16.2021 4:49 PM

Vaccine mandates

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.15.2021 6:50 PM

vaccine bottles | Felipe Caparros Cruz/Dreamstime.com

Vaccine mandates

Extending Its Stay, the 5th Circuit Says OSHA's Vaccine Mandate Is 'Fatally Flawed'

A unanimous three-judge panel concludes that the decree "grossly exceeds OSHA's statutory authority."

Jacob Sullum | 11.14.2021 3:45 PM

CoronavirusGenericDreamstime | Kts/Dreamstime

Vaccine mandates

Dueling Dictionary Definitions Figure Prominently in the Legal Dispute Over OSHA's Vaccine Mandate

Is the COVID-19 virus an "agent"?

Jacob Sullum | 11.11.2021 3:00 PM

1108-radial-blur-2 | Giorgio Trovato, Shivendu Shukla on Unsplash

Infrastructure

The Infrastructure Bill Makes Building Back More Expensive

The U.S. government doesn't reflect on its spending history, and that shows.

Matt Welch, Katherine Mangu-Ward, Peter Suderman, and Nick Gillespie | 11.8.2021 4:50 PM

reason-vaccine3 |  Felipe Caparros Cruz/Dreamstime.com

Vaccine mandates

Here Are the Arguments That Persuaded the 5th Circuit To Block OSHA's Vaccine Mandate for Private Employers

The appeals court said the rule, which was published on Friday, raises "grave statutory and constitutional issues."

Jacob Sullum | 11.7.2021 5:05 PM

USAvaccineDreamstime | Angellodeco/Dreamstime.com

Vaccine mandates

Federal Court Temporarily Stays OSHA Employer Vaccination Mandate

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.

Ilya Somin |The Volokh Conspiracy | 11.6.2021 5:21 PM

OSHA

Could the OSHA Vaccine-or-Test ETS Fall Prey to the Congressional Review Act?

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.

Jonathan H. Adler |The Volokh Conspiracy | 11.5.2021 9:06 AM

USAvaccineDreamstime | Angellodeco/Dreamstime.com

Vaccine mandates

OSHA Employer Vaccination Mandate is Narrower than Earlier White House Announcement - But Still has Legal Vulnerabilities [Updated with brief response to Jonathan Adler]

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.

Ilya Somin |The Volokh Conspiracy | 11.4.2021 5:30 PM

vaccine bottles | Felipe Caparros Cruz/Dreamstime.com

Vaccine mandates

The Details of OSHA's Vaccination Rule for Private Employees Suggest Several Ways It Could Be Vulnerable to Legal Challenges

Federal courts will have to decide whether the rule is "necessary" to protect workers from a "grave danger."

Jacob Sullum | 11.4.2021 2:20 PM

Vaccine mandates

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.)

Jonathan H. Adler |The Volokh Conspiracy | 11.4.2021 9:55 AM

vaccine bottles | Felipe Caparros Cruz/Dreamstime.com

Vaccine mandates

Even If Requiring People Who Have Recovered From COVID-19 To Be Vaccinated Is Legal, That Doesn't Mean It Makes Sense

The failure of legal challenges obscures an ongoing scientific debate.

Jacob Sullum | 10.11.2021 3:15 PM

Joe-Biden-speech-8-23-21-Newscom | Ken Cedeno/Pool via CNP/INSTARimages/Cover Images/Newscom

Coronavirus

Can Biden's Vaccination Rule for Private Employers Survive Judicial Scrutiny?

A broad standard with no exceptions better serves his goals, but it will be harder to defend in court.

Jacob Sullum | 9.15.2021 12:01 AM

joe-biden-bad_ | Gage Skidmore via Wikimedia Commons, Rob Curran on Unsplash

Joe Biden

How Biden's Vaccine Mandates Degrade Social Trust

Plus, how his tax hikes won't actually help anyone, either.

Matt Welch, Katherine Mangu-Ward, Nick Gillespie, and Peter Suderman | 9.13.2021 4:15 PM

Joe-Biden-COVID-19-speech-9-9-21-c-Newscom | Oliver Contreras/Pool via CNP/Polaris/Newscom

Coronavirus

The Biden Administration's 'Emergency' Vaccine Mandate May Be Vulnerable to Legal Challenges

OSHA has rarely used this option, which avoids the usual rule-making process, and most challenges to such edicts have been successful.

Jacob Sullum | 9.10.2021 2:30 PM

Joe-Biden-COVID-19-speech-9-9-21-Newscom | Oliver Contreras/Pool via CNP/Picture Alliance/Consolidated News Photos/Newscom

Coronavirus

Biden Admits He Can't Mandate Masks. Why Does He Think He Can Mandate Vaccines?

Biden's sudden embrace of a federal vaccine requirement seems inconsistent with his acknowledgment that he cannot mandate every COVID-19 precaution he'd like people to follow.

Jacob Sullum | 9.9.2021 9:05 PM

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