The court has struck at the heart of government agencies’ ability to protect the public.
the Occupational Safety and Health Administration from imposing a vaccine-or-test mandate on large employers. Despite very broad statutory language, the court concluded that the statute did notauthorize the agency to impose such a requirement. The unsigned opinion infamously reasoned that COVID was “not an occupational hazard” in most workplaces.’s reasoning is similarly problematic.
When Congress gave the EPA authority to establish the “best system of emission reduction” for stationary sources of pollution like power plants, it presumably included the word “system” for a reason. It was looking for big, structural change, and the Obama EPA obliged. Roberts’ response boils down to his intuitive judgment that EPA’s action “raises an eyebrow.
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