28 Days Later, The Biden Administration Still Has Not Released An OSHA Employer Vaccine Mandate

Source: The Volokh Conspiracy
by Josh Blackman

“On September 9, President Biden called on OSHA to implement a vaccine mandate for employers. In the ensuing days, I wrote several blog posts that parsed a non-existent rule …. I fully expected the rule to be issued imminently, which would trigger a mad dash to the courts. Yet, 28 days later, we still do not have a proposed rule. What is going on? Where is the urgency? … the mere announcement of the rule is having its intended effect. Employers nationwide are adopting vaccine mandates to get ahead of an actual rule. As more employees get the jab — in the absence of a federal mandate — resistance to the inevitable rule declines. In this fashion, Biden’s announcement has a strong ad terrorem effect: the government can get its way without actually doing anything.” (10/07/21)