“Given OSHA’s clear and exercised authority to regulate viruses, OSHA necessarily has the authority to regulate infectious diseases that are not unique to the workplace,” Judge Julia Smith Gibbons wrote in her majority opinion.
This is gibbons rather than monkeys at the typewriter; what the heck does it means?
Notice she did not mention anything about the U.S. Constitution?
The question is not what OSHA can and cannot do. The question is where in the U.S. Constitution does is say Biden can do this?
If there is nothing in Article II, then that power is reserved to the States and the people. That is per the U.S. Constitution.
There is nothing that says the U.S, Constitution and/or Bill of Rights are suspended under emergencies.