Constitutional Claims a Threat to Covid-19 Shot-or-Test Rule

Challengers to the Occupational Safety and Health Administration’s emergency temporary standard on Covid-19 vaccinations and testing have raised constitutional claims that could limit the agency’s power to act in the future.

Those suing to block the measure got a boost from the U.S. Court of Appeals for the Fifth Circuit, which put the regulation on hold just a day after it was issued. Reiterating that decision in a later ruling, the all-Republican-appointed three-judge panel said the emergency rule is probably unconstitutional, showing that arguments about federal government power will likely get serious consideration when the Sixth Circuit hears the ...