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Paul Larkin Jr. wrote a piece for Conservative Review in which he detailed the reasons why OSHA has no legal power to enforce a vaccine mandate.
He laid out multiple reasons:
- Federal agencies only have the authority that Congress has granted them by statute.
- Agencies cannot undertake unauthorized action even in an emergency.
- Vaccinations are materially different from personal protective equipment.
- Congress limits each agency’s authority in order to focus its responsibilities.
- Congress has trusted the FDA and CDC to regulate vaccines, however neither agency may order the public to be vaccinated.