Quote (Surfpunk @ 10 Sep 2021 10:44)
Where have I "justified" this EO? I simply pointed out the obvious that it is subject to judicial review. I haven't made a statement about my approval or disapproval of this particular EO. Just that OSHA, as a part of the Executive branch, has certain authority to regulate occupational health and safety in the workplace, and that historically, EOs issued are limited in scope to areas under purview of the Executive branch.
As for this EO, there are certain aspects which should hold up under judicial scrutiny - particularly those that relate to specific Executive branch functions. The one mandating vaccination/testing for companies >100 employees falls under a gray area, IMO. There's some things that may justify it, such as OSHA and Jacobson v Massachusetts, and some where it may run afoul of separation of powers, specifically the Commerce clause. I'm leaning a bit towards overreach there, but I'd have to see the legal bases to have a firm opinion either way, because there are arguments to be made in both directions.
So, commissions on realigning the SCOTUS, removing their ability to offset the power of the executive, are meaningless?
I'm not trying to be a dick here, but there's a clear body of work that is rather transparent to anyone paying attention. Will you acknowledge the goals of this administration, or not?