Disclaimer - I’m not a lawyer. But the argument was like this: OSHA has no authority to regulate healthcare for the whole country, which was the *effect* of the order, due to the fact that there was no escape from it - if you were employed by any company of any size, you were subject. On the other hand, the Feds had the authority to regulate healthcare companies that are *tied to the Feds via Medicare*. Note in this circumstance, healthcare providers can escape the rule by not taking Fed money, and a number of healthcare workers I know did just that (and are in fact financially better off and happier as a result). This is the wages of giving the government financial responsibility for healthcare - they usurp all responsibility.