On what legal authority?https://twitter.com/pwidakuswara/status/1436049517342830602 …
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How about we make it an agenda item for a future Congress to rein in OSHA’s purported emergency powers to rule the workplace by decree? /4https://twitter.com/OKnox/status/1436061598980923393 …
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Which is not to say the courts have exactly been pushovers for OSHA emergency temporary standards in the past: /5https://twitter.com/theprez98/status/1436068879416111108 …
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Note that OSHA did put out an ETS for healthcare workers in June regarding Covid. Haven't tried to look up whether there have been any challenges, but either way it's worth noting in any scorecard on court review of the device. https://www.osha.gov/coronavirus/ets /6
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I've now done a piece on this for
@reason https://reason.com/2021/09/10/where-does-biden-get-the-authority-to-mandate-vaccination/ … /7Show this thread
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That Appendix is rather damning. 4 of the 9 times the ETS has been used, it was stayed or vacated. One other time it was partially stayed. So more than half the time, the courts have struck them down.
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That’s literally government working the way it’s supposed to. Executive acts on mandate to keep citizens safe, etc., judiciary overrules where they see fit.
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Would they have a stronger argument under the statute (very wrongly!) cited by Trump/Biden to impose the eviction moratorium? https://www.law.cornell.edu/uscode/text/42/264 …pic.twitter.com/PbPwOzu7ex
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It was in striking down the risk/benefit-free benzene standard that the Court held that risks are inevitable, that all benefits have costs, that OSHA must rationally weigh them, and that the benefits of a rule must clearly outweigh its costs. https://tinyurl.com/797394p5
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How did that Asbestos thing work out? People dead companies paying millions in Law suits
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