I. Glenn Cohen Profile picture
Prof @harvard_law , Bioethics and Health Law Enthusiast, @PetrieFlom Faculty Director, Shoe Addict, https://t.co/zEsDuhzVLX…
Jan 13 4 tweets 2 min read
1/As @CarmelShachar and I feared/predicted in @TIME earlier this week (time.com/6138247/suprem…), the Supreme Court majority has sacrificed the public's health in the form of the OSHA test-or-vaccinate mandate on the pyre of the "major questions doctrine" supremecourt.gov/opinions/21pdf… 2/ While upholding CMS rule supremecourt.gov/opinions/21pdf…. 3 Justices would have gone further and found that had Congress w/clear statement authorized the OSHA rule, they suggest it would have violated the constitution. Clearly inviting cases to resuscitate the non-delegation doctrine.