After NFIB v. OSHA, Would President Biden Veto a CRA Resolution for the OSHA Mandate?
In NFIB v. OSHA, the Supreme Court found that Congress did not plainly delegation the authority to enact the OSHA mandate. Of course, any application of the major questions doctrine is guesswork. It is impossible to go back in time and ask the 1970 Congress what they intended. But the Congressional Review Act provides the current Congress with an opportunity to opine on the issue.
In NFIB, the majority opinion observed that the Senate already passed a CRA resolution that disapproved of the rule:
In fact, the most noteworthy action concerning the vaccine mandate by either House of Congress has been a majority vote of the Senate disapproving the regulation on December 8, 2021. S. J. Res. 29, 117th Cong., 1st Sess. (2021)
Justice Gorsuch’s concurrence made the same observation:
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