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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