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.
...Roberts is not necessarily objecting to the mandate but questioning whether this is really a particularized problem for a given agency.
Justice Breyer is following up to ask whether the Administration could simply issue an order to all agencies to require a mandate.
...Breyer admits that the merits are "difficult" and noted that OSHA could have gone industry by industry. Instead it issued a rule based on the number of workers. Prelogar insists that it is the number of workers that makes the danger grave.
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