The SCOTUS vaccine mandate cases are about something else: the power of federal administrative agencies to regulate … anything, steve_vladeck writes.
, “It is difficult to see why Congress would worry that the act might need to specify a religious exemption from ‘immunization,’ unless mandatory immunization was a tool within OSHA’s authorized toolbox.”, gives the secretary of Health and Human Services “express statutory authority to require facilities voluntarily participating in the Medicare or Medicaid programs to meet health and safety standards to protect patients.
In other words, the vaccine cases reach a Supreme Court that appears to be on the verge of reining in the ability of federal agencies to regulate any and all private conduct — a trend that has nothing at all to do with the Covid pandemic or the Biden administration’s responses to it.
But these criticisms collapse upon closer scrutiny. First, at the same time as the Supreme Court has expressed growing skepticism of the power of administrative agencies, it has also dramatically. The assistant secretary of labor in charge of OSHA is appointed by the president with the advice and consent of the Senate, and serves at the president’s pleasure. Ditto the administrator of CMS. Both can be fired for any reason, including their refusal to carry out the wishes of the chief executive.
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