The Supreme Court will probably toss out the tyrannical OSHA vaccine mandate

Let’s be clear what the issue is here. The issue before the court is not whether vaccination is good or bad. All nine of the Justices have been fully vaccinated and have also received boosters (as I have). It’s fair to conclude that the Justices all think vaccinations are good, at least for people of their demographic.

Nor is the issue whether state or federal government can impose vaccine mandates on the population. They probably can, and occasionally have. In oral argument yesterday, Justice Gorsuch noted in passing that he recently rejected a challenge to a vaccine mandate imposed by the state government of New Mexico. Similarly, Congress could pass a law imposing a vaccine mandate or authorizing the Executive Branch to impose one.

What’s at issue in this case is much narrower. It’s whether the Executive Branch via the Occupational Safety and Health Administration (“OSHA”) can impose vaccine mandates without specific authorization from Congress.

The six conservative justices signaled that they think the answer is no.

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