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Reason
Reason
Politics
Josh Blackman

Justice Gorsuch's Error in NFIB v. OSHA

Patterico pointed out an error in Justice Gorsuch's concurrence from NFIB v. OSHA. Here is the passage from the concurrence:

As the agency itself explained to a federal court less than two years ago, the statute does "not authorize OSHA to issue sweeping health standards" that affect workers' lives outside the workplace. Brief for Department of Labor, In re: AFL–CIO, No. 20–1158, pp. 3, 33 (CADC 2020). Yet that is precisely what the agency seeks to do now—regulate not just what happens inside the workplace but induce individuals to undertake a medical procedure that affects their lives outside the workplace.

And here is the relevant passage from the brief:

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