ICYMI: OSHA suspends enforcement of Biden’s vaccine mandate. One of my former students is quoted:
Ben M. Rose, founder of Brentwood, TN-based law firm RoseFirm, PLLC, says he wasn’t surprised by the Fifth Circuit’s ruling or by OSHA’s response. “The constitutional basis for the initiative has always been suspect,” Rose says. “You can’t enforce a mandate like that through the OSHA rubric or otherwise as an instrument of the federal government something short of a federal statute. My view is that they all knew that and went forward with the idea to put it out there and implement it in hopes that many employers would institute it on their own. I don’t believe they ever thought they had the legal authority to do it in the first place.”
Well said.