Professor James Brudney was quoted in an article by Law360 which discusses legal challenges facing the emergency federal rule mandating certain employees to be vaccinated.
The U.S. Department of Labor’s emergency rule directing medium and large employers to require their workers to get vaccinated against COVID-19 or take weekly tests has already been dealt a blow by the Fifth Circuit and is facing a slew of legal challenges from states, businesses and religious entities.
…
Fordham Law professor James J. Brudney said in a phone interview Friday that he doesn’t think arguments of government overreach will fly.
In the rule, OSHA went into an “extensive discussion of why this is a grave danger,” he said — a grave danger being the issue the law authorizes OSHA to quickly address.
“My general take is that it’s very carefully and deliberately crafted, so that it spends a lot of time on the rationales that are addressing both potential general challenges and very specific challenges based on feasibility,” he said, referring to legal challenges.