If this is an accross the board issue, then one would expect similar regulations from all regulatory agencies, yes?
And why should the courts be the ones to decide which agency has (or doesn't have) the scope?
I notice little in the way of argument that this is a federal power at all, other than from OH solicitor. Seems taken as true, the feds have the power to mandate vaccination. The question is which agency is in charge, or whether it takes Congress to make that call.
Alito really threw a wrench into the discussion by asking whether a brief administrative stay would be appropriate. He makes a good point that if “people are dying every day”, then why did OSHA write the order such that there would be a several month delay before implementation.
Good questions.
There are a lot of contradictions in the various late 1930s-early 1940s opinions upholding delegation of “All legislative Powers herein granted”, and those contradictions are up for exploitation now that the USSC is willing to hear delegation cases again.
Because assigning legislative powers to OSHA, or the EPA, is not the end of the matter. Congress writes a sloppy law and leaves it to the FCC to narrow and render comprehensible. But by now, the administrative laws are no easier to understand than the original goo, so the courts have to get involved, and what you end up with is “find me the man and I will find you the crime”.
Just to lay down a bet, I predict USSC will uphold the vaccine mandate 9-0. We shall see.
Because they (wrongly) allowed delegation of "all legislative powers herein granted" in the first place, and now they are stuck with the consequences.