Court Ducks ‘Major Questions’ In Vaccine Suits But Eyes Upcoming EPA Test

January 13, 2022
The Supreme Court’s new rulings on the Biden administration’s COVID-19 vaccine rules for general industry and the health care sector appear to avoid broader limits on agencies’ authority, but one of the decisions incorporates the “major questions” doctrine that observers say could be fatal in upcoming arguments to EPA’s power plant rules. In a pair of Jan. 13 decisions, the justices blocked implementation of the Occupational Safety and Health Administration’s (OSHA) “emergency” vaccination standard that would have applied to all...

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