Some interesting questions being asked, and one giant pile of horseshit from the SC diversity hire Sotomayor.
Barrett asks how long OSHA intends to use emergency powers
Justice Barrett asks the government how long OSHA intends to use the powers it has to bypass the notice-and-comment period of regulation, given that COVID-19 is now on its way to becoming endemic, and may last for years if not longer.
“When must OSHA resort to its normal authority and notice and comment?” she asks.
The government lawyer says that is not clear but assures the court that this is “not a way to bypass notice and comment permanently.”
Kavanaugh quizzes government on lack of explicit congressional approval for OSHA mandate
Kavanaugh, on the arguments that Congress has not authorized OSHA to make these mandates, notes that Congress has made explicit references to vaccines on a number of occasions in statute (but not in this instance), and he notes that President Bush made reference to a potential threat of this nature in 2005.
“Yet there has not been a vaccine statute passed by Congress to deal with this kind of thing,” he said.
The government lawyer says she believes Congress would have anticipated this as vaccines are often the single most effective way to target a virus and to stop its spread.
Alito asks about possible vaccine side-effects
Alito asks Prelogar about the side-effects of vaccines in some instances, while strongly stressing that the vaccines are overwhelmingly safe.
Prelogar says that there are some adverse consequences, but minimal compared to COVID-19.
Alito asks if OSHA has ever imposed any other regulation that would impose potential adverse health effects on workers. Prelogar says it has not, but there is no reason to think the regulation is precluded on that ground.
Roberts references Klain’s ‘workaround’ tweet
Chief Justice Roberts makes reference to a tweet retweeted by White House Chief of Staff Ronald Klain, which described the OSHA mandate as a “workaround.”
“I mean, this has been referred to the approach as a workaround. And I’m wondering what it is you’re trying to work around?” he asks.
And then this verbal diarrhea from Sotomayor…
Sotomayor says Omicron is just as deadly for unvaxxed; Thomas asks about transmission
Ohio Solicitor General Benjamin Flowers, representing the coalition of GOP-led states opposing the OSHA rules, was quizzed by Justice Sotomayor on the mandates – which she again said was not a mandate.
She objected to his claim that Omicron represented a new situation than Delta, given its lesser severity in many instances, as well as his claim that vaccines appeared to be less effective at stopping transmission.
Sotomayor pointed to increased hospitalizations and said that “those numbers show that omicron is just as deadly for the unvaccinated.”
“We have over 100,000 children, which we’ve never had before, in serious condition and many on ventilators,” she said.
Justice Thomas, meanwhile, asks Flowers to speak more about the different risks and the vaccine’s effectiveness at stopping transmission.
He cites data saying vaccinated over 65s are twice as likely to die as 18-49 who are unvaccinated.
Sotomayor fires back and accuses him of “comparing apples to oranges” and says “lower risk is not no risk.” She also says that the unvaccinated put other people at risk.