Friday afternoon, the Supreme Court heard arguments for blocking or upholding the Biden/OSHA vaccine mandate on businesses and health care workers. The conservative Justices seemed open to the idea that states have the power to impose such mandates in a health emergency, but were skeptical that an unelected federal agency does. They seemed to think that such a sweeping and destructive edict, one that is decimating businesses at a time when they’re already struggling with worker shortages and supply chain disruptions, should at least have to come from Congress. The plaintiffs’ attorney pointed out that the Post Office is seeking a waiver from the mandate because it will make it so hard to deliver the mail, proving that not even the government can comply with its own mandate.
Possibly the most shocking part of the oral arguments, however, was not that the liberal Justices seemed open to a dictatorship of unelected federal bureaucrats (big surprise), but just how confused about the law and how filled with stunning misinformation they were.
Justice Sotomayor seemed especially clueless, admitting to not understanding the distinction between state and federal powers (Gorsuch had to explain it.)
But Sotomayor also spewed a number of false COVID claims that would get her banned from Twitter for life if she were a conservative pundit. Among them: that the vaccines prevent disease and transmission in the workplace, that Omicron is just as deadly as Delta, and that there are over 100,000 children in the hospital with severe COVID, many on ventilators (there are currently 3,342 children nationwide in hospitals who’ve tested positive for COVID, and most are incidental to the real reason they’re there.)
Even that stunning array of misinformation takes a back seat to Justice Breyer, who seemed to think that the OSHA mandate would block 100% of all new COVID cases. He also said hospitals are at near-capacity (they’re slightly above average capacity), and most jaw-dropping of all, that yesterday, there were 750 million new cases of COVID in America. He later corrected himself to 750,000, which is good, since 750 million is more than twice the entire US population, so every American would have had to get COVID twice in one day. Wow, that Omicron variant really is transmissible!
When you consider that the liberals on the court are from the same background, social circles and mindset as the liberals who came up with this policy, the odds that it’s intelligent, well-reasoned, based on facts and consistent with the law and the Constitution seem lower than Kamala Harris’ approval rating.