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SCOTUS blocks vaccine mandate for large employers

On January 13, 2022

At 3:04 pm

In General

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Meanwhile in not so good news, John Roberts and the Furious Five have ruled that because in 1970 Congress didn’t have the foresight to pass a statute that specifically said that Joe Biden could tell OSHA in 2021 to issue a vaccine mandate because of COVID-19, Joe Biden can’t do that. This is a consistent application of the Republican Supreme Court’s doctrine that statutes written in general terms to deal with a wide variety of issues can only be enforced by Republican administrations.

Can’t wait to hear someone explain why the “major questions” doctrine (under which Congress isn’t allowed to delegate “really important” regulatory decisions to the executive branch) doesn’t apply to the #AUMF (which lets the President decide who we are at war against): pic.twitter.com/63LDprsRPZ— Steve Vladeck (@steve_vladeck) January 7, 2022