NEW: The Supreme Court will hear oral arguments in the challenges to Biden’s employer vaccine mandate and CMS vaccine mandate on Jan. 7. 
The justices are very obviously backing away from their aggressive use of the shadow docket, putting the vaccine mandate cases on their rocket docket instead. That means full briefing, oral argument, and a real opinion, rather than an unsigned midnight order.
The employer mandate requires businesses with 100+ workers to impose a rule compelling either vaccination or weekly testing. The CMS mandate requires nearly all health care workers to get vaccinated.
SCOTUS may block both; I think the CMS mandate has a better chance of survival.
SCOTUS may block both; I think the CMS mandate has a better chance of survival.
I am worried that the employer mandate case will give the conservative justices a chance to (1) slash federal agencies’ authority and (2) hobble Congress’ power to regulate the workplace (and everything else). Trump judges have lobbied SCOTUS to go big. slate.com/news-and-polit…
My fear is that the conservative justices felt they couldn’t get away with demolishing the administrative state in a shadow docket order. So they set this case for arguments to give themselves more runway for a revolutionary and controversial decision. Hope I’m wrong!
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