Thread by @pnjaban

People keep asking me about class actions to challenge vaccine/mask/testing requirements. Given that individual employers have individual policies, & individual workers have different reasons for their personal medical decisions, widespread class actions are likely NOT the best/

2/ way to challenge such requirements. Within a specific company perhaps a class of employees with similar issues could mount a challenge, but if there are not enough of them to justify class rather than individual or "mass" treatment, then a class won't be certified ... and/

3/ the litigation will be delayed by several months with no forward movement. So who can challenge the anticipated OSHA regs? Definitely employers who don't wish to interfere with or control their employees' medical decisions. Potentially impacted employees may have a path too/

4/ And then you've got all the federal employees who are being denied the option of testing and opting out. So you sign up for a government job in your 20s, and you get into your 50s and suddenly the government has decided it can force drugs on you... no options.

5/ Those were never the rules of engagement. The scheme of using OSHA as a vehicle to impose socially desirable goals even though the statutory mechanism does not seem to fit this factual situation, was never something you contemplated. What can you do?

6/A class action for government workers subjected to unilateral rules might be possible, depending on the facts. Law enforcement workers, federal government personnel, etc. I'm looking at all these issues. There are many different angles from which to attack these orders.

7/ I probably filed more lawsuits than any other lawyer in the country the last two years, challenging COVID restrictions. We won some (at the Supreme Court and 9th Circuit) and we lost a lot more. The wins came after a series of losses in the same cases. There is no shortcut.../

8/ And these types of big legal challenges can take years and and lot of losses and challenges and yes, costs along the way. But the stakes are too high not to fight this. If Biden is allowed to use arcane "emergency" provisions of OSHA this way, they will be used to shove many/

9/ Other "socially desirable" goals on us, and employers will be used for fascist ends. Climate change... gender "equity" ... critical race theory ... if employers allow this, they might as well give up the keys and walk away because they won't control their companies anymore.