Live Now: Supreme Court Oral Arguments Over OSHA Vax Mandate
(www.supremecourt.gov)
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Sean Marotta is a lawyer who is pro-mandate and works as outside counsel for the American Hospital Association.
He did a extensive play by play commentary of the oral arguments and he actually expects the court to issue a stay for the OSHA mandate as a majority of the judges seem to find the OSHA mandate to be overbroad and focuses on every industry instead of focusing on only "high risk" industries which Justice Roberts gave an example of meatpacking factory workers working side by side or the example of health care workers.
https://threadreaderapp.com/thread/1479465947874398212.html
Apparently even Roberts thinks Congress needs to give authorization explicitly and that OSHA cannot unilaterally force this upon the country with no action from Congress.
We won't obviously know if this interpretation of the oral arguments is right until the decision comes out but looking at this analysis, we might have a chance to get a ruling staying the OSHA mandate in its current form.
The bad news is that healthcare workers and factory workers working side by side might still be fucked though since it seems that Roberts, Kavanaugh and Barrett would be okay with a more specific OSHA rule focusing solely on "high risk" industries.