In the mandate arguments, Chief Justice Roberts is pushing back on why OSHA does not have authority to deal with a "special workplace problem." Scott Keller is pushing alternatives but Roberts is emphasizing the "pressing urgency of addressing" this problem.
Thomas is questioning Flowers, Ohio AG, who is suggesting that the vaccine is "far less effective" in the workplace for younger workers.
Flowers is running off studies to support Ohio's position. This in turn raises the degree to which the Court should defer to the agencies under the Chevron Doctrine.
...Thomas basically noted that this is not an "all or nothing" situation since there are other entities who can protect public health.
...Breyer is asking why OSHA can regulate to reduce the risk of fire but not Covid. The risk of fire can exist outside of the workplace. Flowers notes however that the OSHA regulation is to protect against coming into contact with anyone -- inside or outside the workforce.
...Alito is bringing the questioning back to the narrow question: "If this is to be sustained, it must be a grave danger to unvaccinated workers who have chosen not to be vaccinated." Alito noted protection of vaccinated workers is outside of the rule...

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More from @JonathanTurley

7 Jan
Justice Kagan just pushed back on Osete for suggesting that the Secretaries are basically "bookkeepers" as opposed to protecting health and safety.
It is becoming a pile on. Breyer is now drilling down and demanding a clear answer from counsel. If they can require washing hands, Breyer asked, why cannot they impose infectious control measures?
...Osete probably feels like it is a tag team right now. Kagan and Breyer accused him for being evasive. Breyer is hammering him that over 700,000 got Covid "yesterday" and hospitals are filling up.Breyer is saying "every minutes this is not in effect thousands are getting sick."
Read 6 tweets
7 Jan
Alito is making an interesting point that many of the provisions cited by the Administration are actually definitional provisions as opposed to provisions affording authority to the Secretary.
...Alito is asking if "there is anything the Secretary could not do" with such sweeping authority. That is a poignant question on what limits exist under this interpretation.
...Justice Barrett is raising the "difficult" questions of areas that do not refer to health and safety. She noted that the government is focusing on areas where health and safety is referenced but not the many other areas.
Read 7 tweets
7 Jan
Chief Justice Roberts asked an interesting question if there is any federal agency where she would not argue that this is a "grave danger." Roberts said it is hard to accept the idea that this is a "particularized" rule.
..Chief Justice Roberts just referenced the retweet that by Biden White House Chief of Staff Ron Klain that is simply a "workaround." jonathanturley.org/2022/01/01/the…
...Klain retweet has proven costly for the Administration. It was cited by the lower courts and now is being referenced in the Supreme Court. He is being cited as the best witness for the challengers of the mandate.
Read 6 tweets
6 Jan
DC Attorney General Karl Racine announced that he was considering arresting Trump and others with inciting the violent invasion of the U.S. Capitol. So, a year later, what ever happened to the prosecution of Donald Trump? jonathanturley.org/2022/01/06/wha…
Racine was not restrained by Republicans and clearly was eager to make the “clear” case for prosecution. The fact is that they were restrained by the Constitution and their dubious claims quietly faded away like so many other “slam dunk” charges highlighted on cable news programs
...The CBS poll shows 80% of Republicans and 69% were Democrats rejecting the characterization of an insurrection in favor of "a protest that went too far." That also show how a jury is likely to view a criminal case...

jonathanturley.org/2022/01/06/wha…
Read 5 tweets
30 Dec 21
Now Sen. King has joined the move to curtail the filibuster on the same flawed logic that it should not be used when the law is really really important. pressherald.com/2021/12/26/kin… It is like supporting spending caps unless we really really want the money. jonathanturley.org/2021/12/24/wha…
...The move would negate state laws across the country and federalize elections. Those state laws are the result of a democratic process, but would be preempted in the name of democracy...
...The filibuster was designed to force compromise and it is a rule particularly valuable in our age of rage. jonathanturley.org/2021/06/07/an-… Once circumvented, Congress could continue to manipulate state election rules in a see-sawing of different standards...
Read 4 tweets
29 Dec 21
When you consider these five convictions for Maxwell, this picture becomes more glaring in the total absence of prosecution for the men on the other end of these flights. dailymail.co.uk/news/article-8…
...from the outset, the DOJ seemed eager to scuttle any prosecution of the johns in this sex trafficking scheme with the infamous plea deal for Epstein...
...While the SDNY expressed outrage over the crimes and aggressively pursued Maxwell, that unrelenting effort seemed to stop with Maxwell. There is a long list of male figures on these flights including two former presidents, a prince, and a couple billionaires.
Read 5 tweets

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