Learning Resources, Inc. v. Trump · ¶391

The NFIB Court therefore found it critical that “OSHA, in its half century of existence, has never before adopted a broad public health regulation of this kind” under the statute that the agency sought to invoke as authority for the vaccine mandate. 595 U. S., at 119. Likewise, in Brown & Wil liamson, the FDA had “repeatedly and consistently as- sert[ed] that it lacks jurisdiction under the FDCA to regulate tobacco products.” 529 U. S., at 156. And in West Virginia, EPA had not “previously interpreted the relevant provision to confer on it such vast authority” to transform American industry. 597 U. S., at 749 (Gorsuch, J., concurring).

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