Friday, January 14, 2022
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.
Do penumbras emanate? I've never known them to. Light does. Maybe Justice Douglas got those things confused.