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“Major Questions,” Major Stakes: Kristin Hickman and Gillian Metzger on the OSHA Vaccine Mandate Case
Gray Matters
English - January 24, 2022 16:36 - 53 minutes - 36.5 MB - ★★★★★ - 5 ratingsNews arbitrary & capricious administrative law administrative state bureaucratic state adam j. white boyden gray antonin scalia law school george mason university Homepage Download Apple Podcasts Google Podcasts Overcast Castro Pocket Casts RSS feed
Previous Episode: Laboratories of Democracy: State Trends in Administrative Law
When the Supreme Court ruled that OSHA’s Covid vaccine mandate was unlawful, Justice Gorsuch wrote separately that the Court’s decision “rightly applies the major questions doctrine.” The Major Questions Doctrine has been increasingly important in the Supreme Court and lower courts’ decisions, among judges who believe (as Gorsuch puts it) that the doctrine “ensures that the national government’s... Source