All day today, the Supreme Court has been hearing oral arguments both for and against the vaccine mandate issued by OSHA.
The questioning has gone down mostly as we would have expected.
There were, however, a few questions raised that may give us a hint as to who this will all fall when the court renders its opinion.
Justice Kagan came out of the gate firing, suggesting that the vaccine is the best possible course of action.
She stated, “We all know what the best policy is, we know the best way to stop spread is for people to get vaccinated and to stop serious illness is for people to get vaccinated.”
Justice Breyer came in along the same lines, openly pushing for the mandate, stating, “How can it conceivably be in the public interest with three quarters of a million people, I don’t know how many today, you have hospitalization figures growing by factors by 10, you have hospitalizations near the record, at the record…how can it be in the public interest, which is a requirement.
“That’s what I want to hear the answer to.”
Justice Sotomayor was her uber-liberal self, insisting that the mandate is not actually a mandate, even though the language in the rule clearly categorizes itself as a mandate.
Sotomayor claims, “It’s something totally different.”
When it came time for the conservative justices to take their turn, most of the questioning revolved around the legal authority of OSHA putting this order out there.
That is the real legal issue here, and Justice Barrett clearly seems to believe that OSHA overstepped its boundaries on this.
As they worked their way out of the OSHA rule and into the workplace rule for healthcare workers, those trends continued.
Liberal justices seemed more interested in defending the mandates while the conservative justices concentrated on the legality of the order and the government controlling workplace environments.
For instance, on the health care worker situation, Gorsuch stated, “This regulation affects, we’re told, 10 million health care workers and will cost over a billion dollars for employers to comply with.
“So what’s your reaction to that why isn’t this a regulation that effectively controls the employment and tenure of health care workers at hospitals?
“An issue Congress said the agency didn’t have the authority that that should be left to the states to regulate.”
I am wary of making a prediction here, but it sounds to me as though these mandates are going to be struck down by the Supreme Court.
We know all three liberal justices will support them, but I have not seen the wavering I thought I would see on the conservative side of the bench.
They are actually sticking to the legal and constitutional issues here, and if they do, there is simply no way I see these mandates staying in place.
Both cases completely wrapped up about two hours ago, so I would suspect will have a decision by the court expedited on this matter.
It would be shocking to see the court issue its formal opinion before the end of the weekend.
So, we will stay tuned and announce the decision as soon as it is made public.
How do you think the court will fall?
Will the Supreme Court uphold or strike down the vaccine mandates?
Tell us what you think in the comments section below.
Source: Fox News