Skip to content
LPBN-Icon-v1 (1)
The Right Coast
A Member of the Law Professor Blogs Network

A Split Supreme Court Decision on Vaccine Mandates – WSJ

By Thomas A. Smith

The Court s major questions doctrine requires Congress to give clear statutory direction for economically and politically significant actions. Congress never passed a law authorizing the mandate, though in their dissent the three liberal Justices purported to find one in the emanations and penumbras of the OSHA law. A Senate majority voted last month to disapprove it.

via www.wsj.com

Do penumbras emanate? I’ve never known them to. Light does. Maybe Justice Douglas got those things confused.