I have the same question. That one is a biggie. Here is what the Covid and Coffee post says, and in it is included mention of CDC. --
Then, the Fifth Circuit said OSHA had no business getting involved in people’s personal health decisions:
“[OSHA] was not—and likely COULD not be, under the Commerce Clause and nondelegation doctrine—intended to authorize a workplace safety administration in the deep recesses of the federal bureaucracy to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.“
The Court’s reference to the non-delegation doctrine is huge. That’s the Supreme Court law that says Congress can’t just delegate its lawmaking powers to executive agencies like OSHA or even the CDC, for that matter. I’ve been talking about that doctrine here on C&C for a long time. So the Fifth Circuit is saying, this is WAY too big for an executive agency to just regurgitate a slime-coated rule and that’s that.
I have the same question. That one is a biggie. Here is what the Covid and Coffee post says, and in it is included mention of CDC. --
Then, the Fifth Circuit said OSHA had no business getting involved in people’s personal health decisions:
“[OSHA] was not—and likely COULD not be, under the Commerce Clause and nondelegation doctrine—intended to authorize a workplace safety administration in the deep recesses of the federal bureaucracy to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways.“
The Court’s reference to the non-delegation doctrine is huge. That’s the Supreme Court law that says Congress can’t just delegate its lawmaking powers to executive agencies like OSHA or even the CDC, for that matter. I’ve been talking about that doctrine here on C&C for a long time. So the Fifth Circuit is saying, this is WAY too big for an executive agency to just regurgitate a slime-coated rule and that’s that.