With this opinion, the court signals its willingness to scrutinize an agency’s statutory authority, even in the face of a plausible, plain reading of the statute that supports the agency’s response to the impact a deadly pandemic is having on people at work.
Bridget C.E. Dooling is a research professor with the GW Regulatory Studies Center. Previously, she was a deputy chief, senior policy analyst, and attorney for the Office of Information and Regulatory Affairs (OIRA) at the U.S. Office of Management and Budget (OMB).
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OSHA is expected to draw on its authority to issue an ETS for a new workplace vaccine mandate. Setting aside the political challenges associated with such a rule, OSHA faces several obstacles to construct an ETS that can withstand the scrutiny it will draw.