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walterolson's profile
Walter Olson
Walter Olson
Walter Olson
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@walterolson

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Walter OlsonVerified account

@walterolson

Writer, about law especially; @CatoInstitute. Blogged at Overlawyered (1999-2020). Election law and Maryland civic stuff.

Washington DC; New Market, MD
cato.org/people/walter-…
Joined September 2008

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    1. Walter Olson‏Verified account @walterolson Sep 9

      Walter Olson Retweeted Patsy Widakuswara

      On what legal authority?https://twitter.com/pwidakuswara/status/1436049517342830602 …

      Walter Olson added,

      Patsy WidakuswaraVerified account @pwidakuswara
      The Biden admin w/ enforce "substantial fines up to nearly $14,000 per violation" to employers that don't abide by the vaccine or weekly testing mandate for businesses with 100 or more employees that @POTUS will announce later today, per @WHCOVIDResponse Jeff Zients.
      111 replies 427 retweets 2,630 likes
      Show this thread
    2. Walter Olson‏Verified account @walterolson Sep 9

      OK, so WH says OSHA will develop a rule and in the mean time “issue an Emergency Temporary Standard (ETS) to implement this requirement.” I believe judges sometimes strike down OSHA rules even where they have gone through full notice and comment.https://www.whitehouse.gov/covidplan/ 

      8 replies 47 retweets 262 likes
      Show this thread
      Walter Olson‏Verified account @walterolson Sep 9

      This recently updated Congressional Research Service report on OSHA’s Emergency Temporary Standards (ETS) authority & Covid notes that the agency “has rarely used this authority in the past—not since the courts struck down its ETS on asbestos in 1983.” https://sgp.fas.org/crs/misc/R46288.pdf … /3

      1:38 PM - 9 Sep 2021
      • 70 Retweets
      • 271 Likes
      • Courtney Shadegg Jason G. Mahoney Biscuits27 Brian The Unblinking Eye D. Haines Joel Pappas skepticalifornia Waiting To See
      12 replies 70 retweets 271 likes
        1. New conversation
        2. Walter Olson‏Verified account @walterolson Sep 9

          Walter Olson Retweeted Olivier Knox

          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 …

          Walter Olson added,

          Olivier KnoxVerified account @OKnox
          On the private-sector vaccine requirement, Biden is acting through the Occupational Safety and Health Administration's "emergency temporary standard" (ETS) power. Here is *some* of what OSHA says about ETS. https://www.osha.gov/laws-regs/standards-development … pic.twitter.com/YSbh4qurxT
          Show this thread
          13 replies 69 retweets 330 likes
          Show this thread
        3. Walter Olson‏Verified account @walterolson Sep 9

          Walter Olson Retweeted Michael Schearer

          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 …

          Walter Olson added,

          Michael Schearer @theprez98
          Replying to @walterolson
          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.
          13 replies 29 retweets 197 likes
          Show this thread
        4. Walter Olson‏Verified account @walterolson Sep 10

          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

          1 reply 1 retweet 8 likes
          Show this thread
        5. Walter Olson‏Verified account @walterolson Sep 10

          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/ … /7

          0 replies 6 retweets 15 likes
          Show this thread
        6. End of conversation
        1. New conversation
        2. Michael Schearer‏ @theprez98 Sep 9
          Replying to @walterolson

          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.

          2 replies 16 retweets 51 likes
        3. Dog Congress‏ @dog_congress Sep 9
          Replying to @theprez98 @walterolson

          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.

          4 replies 0 retweets 9 likes
        4. Show replies
        1. John McCormack‏Verified account @McCormackJohn Sep 9
          Replying to @walterolson @Heminator

          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

          0 replies 0 retweets 1 like
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        2. David A. Oliver‏ @DavidAOliverJr Sep 9
          Replying to @walterolson

          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 

          3 replies 1 retweet 6 likes
        3. Show replies
        1. Scott‏ @scooterbates4 Sep 9
          Replying to @walterolson

          How did that Asbestos thing work out? People dead companies paying millions in Law suits

          0 replies 3 retweets 11 likes
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