Learning Resources, Inc. v. Trump · ¶388

A prototypical example occurred when OSHA, in order to justify a nationwide COVID–19 vaccine mandate for workers, relied “on a statutory provision that was adopted 40 years before the pandemic and that focused on conditions specific to the workplace.” Id., at 747 (Gorsuch, J., concurring). Another example arose when EPA invoked “newfound authority to regulate” emissions from “millions of small sources—including retail stores, offices, apartment buildings, shopping centers, schools, and churches.” Utility Air, 573 U. S., at 328. Yet another happened when the CDC tried to impose an eviction moratorium for rental housing through an “unprecedented” assertion of its authority to regulate public health. Alabama Assn. of Realtors, 594 U. S., at 765.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.