In late 2021, the Occupational Safety & Health Administration promulgated a rule requiring workers to receive a COVID–19 vaccine.
Does OSHA have the authority to implement a vaccine mandate for private employers? Jenin Younes of the New Civil Liberties Alliance explores workplace hazards, agency rulemaking, and the major questions doctrine in NFIB v. OSHA.
Featuring:
- Jenin Younes, Litigation Counsel, New Civil Liberties Alliance
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Learn more about Jenin Younes:
https://nclalegal.org/jenin-younes/
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Related Links & Differing Views:
SCOTUSblog: “Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers” https://www.scotusblog.com/2022/01/fr...
Notice & Comment: “NFIB v. OSHA: Nondelegation, Major Questions, and Chevron’s No Show, by Randolph May” https://www.yalejreg.com/nc/nfib-v-os...
Election Law Blog: “Some Brief Thoughts on Gorsuch’s Opinion in NFIB v. OSHA” https://electionlawblog.org/?p=126944
The Regulatory Review: “Major Questions and Juristocracy” https://www.theregreview.org/2022/01/...
Administrative Law Review: “Major Questions about the Major Questions Doctrine” http://www.administrativelawreview.or...
The Regulatory Transparency Project: “The Vaccine Mandate Cases and the Future of Administrative Law” https://fedsoc.org/commentary/podcast...
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.