Thread by @gabrielmalor

SCOTUS will block the OSHA test-or-vaccine mandate.

Per curiam opinion.
Justices Gorsuch, Thomas, and Alito concurring.
Justices Breyer, Sotomayor, and Kagan in dissent. supremecourt.gov/opinions/21pdf…

SCOTUS will *not* block the CMS mandate. That can go into effect.

Per curiam opinion.
Justices Thomas, Gorsuch, Alito, Barrett in dissent. supremecourt.gov/opinions/21pdf…

Let's dig in. Here's the nut of the NFIB/OSHA test-or-vaccine maj. op.

"Although COVID– 19 is a risk that occurs in many workplaces, it is not an *occupational* hazard in most."

Justice Gorsuch's concurring op in the OSHA case, which is joined by Justices Thomas and Alito, is about the major questions doctrine and the nondelegation doctrine, which he presents as a "heads I win, tails you lose" combination.

The joint dissent from Justices Breyer, Sotomayor, and Kagan in the OSHA case argues that the Court isn't competent to override OSHA's assessment and that, even if the merits were close, a stay (blocking the mandate) would still not be appropriate.

If you're thinking at this point, "funny, I haven't heard CJ Roberts' name mentioned so far," you're correct. His name does not appear in the OSHA case opinions or the CMS case opinions.

One of the features of the emergency docket is justices don't have to say how they ruled.

Turning now to the CMS case, here's the nut of the per curiam op.

Court finds that the vaccination mandate "fits neatly within the language of the statute" authorizing imposition of conditions "in the interest of the health and safety of individuals who are furnished services."