WH Chief of Staff might regret this retweet.
Courts consider the intent and purpose of policies and Klain just endorsed the notion that OSHA rule is a "work-around" to enact flagrantly illegal federal vaccine mandates.
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If you've heard of literacy tests, the grandfather clause, and poll taxes then you understand why work-arounds are problematic.
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OSHA says you shouldn't wear N-95 without medical screen. If OSHA mandates this BS they lose ALL credibility
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Given that OSHA waived the rule requiring businesses to track when employees have negative reactions to COE health issues (only for COVID vax), their credibility is long gone.
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they used this to throw out the census question about legal status. we'll see if it's universally applied or not.
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Why is it flagrantly illegal? Hoover argued the states ability to mandate vaccine ms against deadly disease is beyond dispute. And settled law a few years ago.(wonder if that will change?)
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This is partly a loyalty test for corporations.
The rules will probably lose in court like the Eviction Moratorium.
But if you're a corporation that doesn't want extra IRS, EPA, or DOJ civil rights division scrutiny then you'd better comply regardless of what courts say.
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Here's a tip for Klain: Maybe stop trying to find a work-around to the Constitution and try following it.
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