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Separazione dei poteri ed emergenza sanitaria negli Stati Uniti : Osservazioni a margine della decisione della Corte Suprema NFIB v. OSHA

Authors: A. Rovagnati; L. P. Vanoni;

Separazione dei poteri ed emergenza sanitaria negli Stati Uniti : Osservazioni a margine della decisione della Corte Suprema NFIB v. OSHA

Abstract

In NFIB v. OSHA, the US Supreme Court granted the application to stay the OSHA rule requiring that employers with at least 100 employees require covered workers to receive a COVID–19 vaccine or else wear a mask and be subject to weekly testing. Using the contested major question doctrine, the Supreme Court held that the challenged rule went well beyond the OSHA power to set workplace safety standard and was effectively a broad public health measure not expressly allowed by the Congress. The per curiam opinion as well as the concurring and the dissenting opinions provide significant guidance related to the principles of the separation of powers and of democratic legitimacy within the administrative state.

Country
Italy
Related Organizations
Keywords

obblighi vaccinali; separazione dei poteri; chevron doctrine; major question doctrine

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    popularity
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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green