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Environmental Protection Agency decision, which limited federal agency power to protect against environmental harms. The Court did so by building on decisions like National Federation of Independent Business v. OSHA , which limited federal authority to regulate worker safety with COVID-19 vaccination requirements.
Evaluating the possibility of conditional spending in the health space, Eloise Paschoff writes that “the scope of Congress’s power under the Spending Clause has remained extremely broad [after NFIB ].” What Would the “Thomas Court” Say?
But to focus on these failures risks forgetting the collective framing and collective policy response that dominated the first few months of the COVID-19 pandemic. This dangerously obscures what went wrong and limits our political imagination for the future of the COVID-19 pandemic and other emerging crises.
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