I think this mandate thing will be a slam dunk for SCOTUS. I’m going 8-1.
The Supreme Court has approved Vaccine mandates in the past. So a per se ruling against would surprise me. But here the question isn’t one of a mandate that was duly passed by law. It is trying to by-pass a sure defeat in the legislative process to shoe horn in one using a statute that doesn’t seem to fit.
I other words, a pen and phone moment is being put to the test.
At least 2 are STRONGLY for OSHA having this power. Breyer and Sotomayor.
Sotomayor just said “how is a hiuman spewing virus not like a machine spewing sparks”? IOW, all communicable disease issues are in OSHA scope.
Kagan is likewise for OSHA having this power - and she says OSHA is politically accountable.
I won’t be surprised if SCOTUS comes down in favor of the government.
The usual Dem girls always vote “party”. 7-2
For or against?
Nothing is guaranteed these days.