OSHA
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.
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.
Don't Believe OSHA When It Threatens To Turn Its Rescinded Vaccine Mandate Into a Permanent Rule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.
Biden Administration Withdraws Business Vaccine Mandate After Losing Supreme Court Case
SCOTUS rejected attempt to bypass Congress with an emergency regulation.
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.
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.
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."
Additional Thoughts on the Supreme Court's Covid-19 Mandate Decisions
Assorted observations on yesterday's opinions, what they mean, and what comes next.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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."
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.
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
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."
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.
OSHA Halts Enforcement of Biden Vaccine Mandate, Pending Litigation
The agency is staying in its lane—for now.
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.
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.
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."
Dueling Dictionary Definitions Figure Prominently in the Legal Dispute Over OSHA's Vaccine Mandate
Is the COVID-19 virus an "agent"?
The Infrastructure Bill Makes Building Back More Expensive
The U.S. government doesn't reflect on its spending history, and that shows.
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."
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.
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.
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.
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."
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.)
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.
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.
How Biden's Vaccine Mandates Degrade Social Trust
Plus, how his tax hikes won't actually help anyone, either.
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.
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.
