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.
The question for the Supreme Court was not whether the policy was wise but whether it was legal.
Nina Totenberg reports on potential strains among the justices and Justice Gorsuch's decision not to wear a mask at argument.
The applicability of Klaxon v. Stentor Electric Manufacturing -- no, wait! I promise it's important . . . .
Without judicial review, liberals confronting a Republican-controlled legislature will have no opportunity to seek constitutional redress in federal court.
The crux of the argument is the distinction "between occupational risk and risk more generally."
Assorted observations on yesterday's opinions, what they mean, and what comes next.
Separately, the court upheld Biden's mandate that health care workers must be vaccinated to work at medical facilities receiving Medicare and Medicaid funding.
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.
Defenders of the CDC eviction moratorium predicted a "tsunami" of evictions would happen if the policy were rescinded. That hasn't happened.
Does it matter that the year Congress enacted the Occupational Safety and Health Act was as proximate to the Spanish Flu as to today?
The justice's reference to a national "police power" raised some eyebrows.
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.
The article explains why SB 8 potentially poses a threat to constitutional rights far beyond the abortion context, and how future court decisions could potentially mitigate it.
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.
Most of the justices appear to be skeptical of the argument that the agency has the power it is asserting.
"We have over 100,000 children, which we've never had before, in serious condition and many on ventilators," said the justice, wrongly.
"The First Amendment was never intended to curtail speech and debate within legislative bodies."
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 Supreme Court has asked for responses to the federal government's stay request.
Federal regulators have permanently lifted a requirement that mifepristone be dispensed in person.
The Institute for Justice wants the Supreme Court to review the case—and to clarify the proper scope of "investigatory stops."
I've heard that breaking constitutional norms is a bad thing
Gavin Newsom is exploring legislation to authorize private civil actions against people who sell "assault weapons" or gun kits.
“There is profound disagreement over whether Court expansion at this moment in time would be wise.”
The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.
In response to the Supreme Court's ruling largely precluding pre-enforcement challenge of the Texas abortion law, Governor Newsom calls for similar action on guns.
Things are far from completely clear. But Justice Gorsuch's opinion may give preenforcement challenges to SB 8 and other similar laws a good deal more wiggle room than many think.
The Court allowed claims against health care regulators to proceed, but that will not prevent the private civil actions authorized by the law.
The Court rules that the lawsuit against SB 8 can proceed by targeting state licensing officials. But the implications for future cases are far from completely clear.
The private litigation against some defendants may proceed, but the federal lawsuit is gone.
The justices heard oral arguments this week in Carson v. Makin.
Regulators insist Fourth Amendment protections don’t apply to administrative searches.
The report doesn't endorse court-packing or term limits. But it's generally more favorable to the latter than the former. It also provides valuable overview of a wide range of SCOTUS-related issues.
Plus: A reminder to Bill de Blasio of what "incentive" really means
“All of those…just come out of Lochner.”
The justices may find it difficult to uphold Mississippi's abortion ban without overturning Roe v. Wade.
The oft-heard argument that something isn't "written in the Constitution" is not as compelling as it might seem. Sometimes, it's outright false.
The "viability" rule is arbitrary. So are the alternatives.
Vaping regulation gets some attention on the Shadow Docket
The argument made by Finnis, George, Hammer and others, that abortion is unconstitutional is not supported by text or history.
An electronic cigarette manufacturer seeks a stay of FDA action from the Supreme Court.
The Chief Justice has assumed the late Justice Ruth Bader Ginsburg's role as the fastest opinion writer.
In recent years, the Supreme Court has rarely issued opinions in argued cases, and they were almost always written by RBG.
A delayed, but hopefully still helpful final rejoinder to Stephen Sachs.
Would the outcome in Dobbs put originalism in doubt?
A new case asks whether a Border Patrol agent may be sued for alleged First and Fourth Amendment violations.