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.
Latest in Vaccine Mandate
The governor of Oklahoma recently asserted the right to exempt the National Guard of his state from receiving the coronavirus vaccine, raising unique legal questions in the process.
Why Carefully Designed Public Vaccination Mandates Can—and Should—Withstand Constitutional Challenge
Pre-pandemic precedents provide important—but incomplete—guidance to courts as they grapple with challenges to a rapidly rising wave of coronavirus vaccination mandates.