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Power. and since the pandemic or the spread of disease is not commerce, this goes beyond, again, the regulatory authority that the government has. and beyond that it s trying to get businesses to do its dirty work. the federal government cannot directly require people to get vaccinated. and so it can t do the same thing by telling businesses to do it. as law professors we know the commerce clause is very broadly interpreted. and this clearly is affecting commerce. it s affected the ability of businesses to function in this country, the economy has been affected by it, the virus doesn t know borders. so, the commerce clause has not to date and this moment been interpreted in those kinds of narrow ways. so the notion that somehow congress lacks the power to give this to the labor department, that s not accurate. and the argument ilya, one second, i ll let you respond. the asha act is broedly worded and it even allows ....
This authority. the department of labor back in 1970 under a statute called the asha act was basically given power to regulate workplace safety. so everything from ladders to ventilation to fire escapes, and covid kills people, and so the argument is that workers need to be safe from infection in workplace. so congress gave this power to the department of labor over 50 years ago. i think there s very, very scant chance of a federal koucourt ory court stepping in and stopping this. even with this u.s. supreme court? again, the way this works is you have to look to the power of congress. congress passes off power to agencies all the time. so in the past when this court has tinkered with what presidents have done like the daca program under president obama, ultimately the court, this supreme court prior to amy ....
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