15 Jan 2022 11:28 pm
And since my 3000 character limit apparently includes quoted material, here is the rest of my post from above. Excerpts from the article:
"Normal people don’t pay much attention to the United States Supreme Court. I don’t know why. Here’s nine people who tell us what the law is. They tell us what the law is even if their reasoning for it is trash.
Such is the case with the court’s latest ruling. The six Republican justices could have said to themselves, “Gee, the pandemic is bad. It’s killing a lot of people. Maybe we shouldn’t second guess the people who know what they’re talking about when it comes to public health.
”Nah.The court instead decided to second guess the Occupational Safety and Health Administration. The White House had tried to implement the president’s vaccine-or-test mandate via OSHA’s statutory authority to regulate workplace safety. The mandate would have affected employers with over 100 workers, or about 100 million people.
The Republicans justices make-believed they were public health experts. The covid, though it continues to rage through the workplace, isn’t an occupational hazard, they said. Why? It exists, like other hazards in life, outside the workplace. Therefore, OSHA doesn’t have the statutory authority the Biden administration says it has.
This is stupid, according to Josh Chafetz, professor of law at Georgetown and author of Congress’s Constitution: Legislative Authority and the Separation of Powers. (“Stupid” wasn’t his word, though.) Air exists outside the workplace. So does water. Yet OSHA regulates them. This is what happens when justices make-believe.
It gets worse. The justices said they were restoring power to Congress, but Josh said nuh-uh. That’s bad faith. What they are really trying to do is dismantle the administrative state. To do that, Republican justices invented out of thin air something called the “major questions doctrine.”
"Normal people don’t pay much attention to the United States Supreme Court. I don’t know why. Here’s nine people who tell us what the law is. They tell us what the law is even if their reasoning for it is trash.
Such is the case with the court’s latest ruling. The six Republican justices could have said to themselves, “Gee, the pandemic is bad. It’s killing a lot of people. Maybe we shouldn’t second guess the people who know what they’re talking about when it comes to public health.
”Nah.The court instead decided to second guess the Occupational Safety and Health Administration. The White House had tried to implement the president’s vaccine-or-test mandate via OSHA’s statutory authority to regulate workplace safety. The mandate would have affected employers with over 100 workers, or about 100 million people.
The Republicans justices make-believed they were public health experts. The covid, though it continues to rage through the workplace, isn’t an occupational hazard, they said. Why? It exists, like other hazards in life, outside the workplace. Therefore, OSHA doesn’t have the statutory authority the Biden administration says it has.
This is stupid, according to Josh Chafetz, professor of law at Georgetown and author of Congress’s Constitution: Legislative Authority and the Separation of Powers. (“Stupid” wasn’t his word, though.) Air exists outside the workplace. So does water. Yet OSHA regulates them. This is what happens when justices make-believe.
It gets worse. The justices said they were restoring power to Congress, but Josh said nuh-uh. That’s bad faith. What they are really trying to do is dismantle the administrative state. To do that, Republican justices invented out of thin air something called the “major questions doctrine.”