“Major Questions,” Major Stakes: Kristin Hickman and Gillian Metzger on the OSHA Vaccine Mandate Case

Gray Matters
Gray Matters
“Major Questions,” Major Stakes: Kristin Hickman and Gillian Metzger on the OSHA Vaccine Mandate Case
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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…

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