not a lawyer, obv. Need a fact check here.
Quoted passage from this column.
When it blocked the order, the Fifth Circuit Court of Appeals recorded that “the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate.” As, of course, there must be. The Biden administration issued the mandate via the Occupational Safety and Health Administration (OSHA), a federal agency whose sole power under the law is to protect employees from workplace hazards. There is nothing in the Constitution’s Commerce Clause that justifies OSHA’s adoption of generalized police powers, and nothing in its charter that permits it to move from regulating toxic substances at employees’ places of work to regulating any hazard that employees might plausibly encounter during the course of their everyday lives. In a brazen attempt to circumvent the statutorily mandatory feedback period, Biden utilized an “emergency temporary standard” (ETS) as his vehicle. But this, too, seems inappropriate. No ETS in American history has ever been this broad, and the last one that was issued — a 1983 attempt to speed up OSHA’s regulation of asbestos — was struck down by the courts.