Judge Doughty Awake in School
Posted: Wed Dec 01, 2021 9:14 am
When you do rulemaking, it is notice and comment rulemaking under the Admin Procedure Act.
You draft a rule to implement a law and publish it in the Federal Register, allow the public to comment upon it, and then you summarize and deal with the public comments and input from interested parties, and then you publish the final rule.
Usually this rule would then be turned into a regulation and published in the CFR and used as an authoritative citation in actual cases.
No OSHA statute was passed through Congress saying employees had to get vaccines. This was executive fiat -- a presidential power trip.
Doughy was born 1959, law school LSU. His reasoning showed he was awake in school. The branch which makes the rules, enforces the rules, and adjudicates cases where the rules arguably have been broken, these can't ALL be the same or we lack separation of powers.
In Dec 2020, Biden and Fauci both said that mask and vaccine mandates would not be appropriate, might be unconstitutional, and were simply not what the federal govt does.
They were correct in Dec 2020 and should have stuck with that position.
You draft a rule to implement a law and publish it in the Federal Register, allow the public to comment upon it, and then you summarize and deal with the public comments and input from interested parties, and then you publish the final rule.
Usually this rule would then be turned into a regulation and published in the CFR and used as an authoritative citation in actual cases.
No OSHA statute was passed through Congress saying employees had to get vaccines. This was executive fiat -- a presidential power trip.
Doughy was born 1959, law school LSU. His reasoning showed he was awake in school. The branch which makes the rules, enforces the rules, and adjudicates cases where the rules arguably have been broken, these can't ALL be the same or we lack separation of powers.
In Dec 2020, Biden and Fauci both said that mask and vaccine mandates would not be appropriate, might be unconstitutional, and were simply not what the federal govt does.
They were correct in Dec 2020 and should have stuck with that position.