[12] Forty percent of agencies created since 1946 (including the National Security Agency, Peace Corps, and Bureau of Alcohol, Tobacco, and Firearms) have been formed by executive action rather than an organic statute.
[13] Because agencies require statutory authorization to act, many disputes in United States administrative law hinge on interpretations of an organic statute.
[14][15] OSHA issued a regulation interpreting its organic statute to both authorize and compel a vaccine or test order to protect workers from COVID-19 in the workplace.
[14] Ordinarily, agency interpretations of statutes they administer are entitled to Chevron deference by reviewing courts.
[16] Nonetheless, the Supreme Court of the United States invoked the major questions doctrine[17] to deny agency deference and reject OSHA's interpretation of the Occupational Safety and Health Act in National Federation of Independent Business v. Occupational Safety and Health Administration.