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Just received email.

“For what it is worth Both SCOTUS Cases are not the final Decisions if you look more closely. In OSHA, the merits appeared to be likely to prevail so a Stay was granted. The language and positions of Appelates can be confusing but we should know it is not the final Decision BUT a very likely WIN!!!
Here is the quote: “Applicants now seek emergency relief from this Court, arguing that OSHA’s mandate exceeds its statutory

authority and is otherwise unlawful. Agreeing that applicants are likely to prevail, we grant their applications and stay the rule.”

In the CMS the conservative justices divided slightly but it is not that we lost, only that the CMS Rule is left in place with all its incidental deadlines for folks working in healthcare. Advisory should Read: Apply fo Exemptions of all types and Delay, Delay, Delay. It could still go our way, just not being shut down immediately because only 4 opposed continuing.

Here is the Quote: “Lastly, the rule does not run afoul of the directive in §1395 that federal officials may not “exercise any supervision or control over the . . . manner in which medical services are provided, or over the selection [or] tenure . . . of any officer or employee of ” any facility. That reading of section 1395 would mean that nearly every condition of participation the Secretary has long insisted upon is unlawful.

The challenges posed by a global pandemic do not allow a
federal agency to exercise power that Congress has not conferred upon it. At the same time, such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have.”
Because the latter principle governs in these cases, the applications for a stay presented to JUSTICE ALITO and
JUSTICE KAVANAUGH and by them referred to the Court are
BIDEN v. MISSOURI Per Curiam granted

What is likely in the CMS Medicaid situation is that they adopt a new standard of review which, curiously enough, Alito and Kavanaugh support in previous writing. Just because they refused to halt the Rule today does not change that AND MAYBE because they are very close to having made a decision that will alter the landscape and they are waiting only for the timing to issue the ruling. It may ONLY mean they were nervous about disrupting the mess that is our health care system in these weird times.

🎯

Absent legislation that passes in the Senate, Armageddon is avoided in the Judicial Branch.

On the same day we hear of our MIL training in several counties in North Carolina for taking over a meany government in a hostile scenario where our troops are significantly out numbered.

All in a make believe country, of course. Just training you know. Just in case. Somewhere. Sometime.