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U.S. Supreme Court

Jan. 19, 2022

Wrong and ominous

The U.S. Supreme Court’s ruling striking down the Occupational Safety and Health Administration’s vaccine rules is an ominous beginning for the court’s 2022 rulings.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

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The U.S. Supreme Court's decision on January 14, striking down the Biden administration's vaccine mandate for most workers, must be understood as a product of two dangerous aspects of conservative ideology: COVID denial and the desire to limit the power of federal administrative agencies. In invalidating the regulation adopted by the Occupational Safety and Health Administration, the six Republican justices abandoned their commitment to textualism and ignored the plai...

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