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."
...Breyer seems almost mocking in tone. Breyer is questioning his claims that a "bad thing" might happen but says there is another "bad thing" of people dying from Covid as opposed to people quitting their jobs.
...Osete may view cage fights as relatively pleasant in comparison to his work over by the justices today.
...Even Kavanaugh and Thomas have asked where are the complaining regulated parties? Kavanaugh says it is odd and a "missing piece" from other cases where regulated parties are aggrieved. Here, he noted, the regulated parties seem to support the government.
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