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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The Supreme Court will probably uphold the Mississippi law limiting abortion after 15 weeks

An unborn fetus at 16 weeks

The Supreme Court this week heard oral argument on the Mississippi law that limits abortion after 15 weeks from conception.

As someone who practiced law at the Supreme Court, I listened to the arguments. I think they’ll uphold the Mississippi law. I have a few observations.

Keep in mind that oral argument at the Supreme Court is typically more theater than jurisprudence. The Justices usually already have their minds made up from reading the briefs. But it’s worthwhile theater because it connects the public to the judicial process. Also, it gives some insight into the likely decision which won’t come till next Spring.

My first observation is that much of the public is confused about what the Court is deciding and what it is not. Blame the media for that. Clicks are generated and fires are stoked not by the media presenting cases, but by presenting parades of horrible.

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