Vital concluding points in Justice Alito's dissenting opinion on less-discussed, but still critical healthcare workers vax mandate case, with respect to our Leviathan administrative state: "Today’s decision will ripple through administrative agencies’ future decisionmaking..." 1/
"The Exec Branch already touches nearly every aspect of Americans’ lives. In concluding...CMS had good cause to avoid notice-and-comment rulemaking, the Court shifts the presumption against compliance w procedural strictures from the unelected agency to the ppl they regulate." 2/
"Neither CMS nor the Court articulates a limiting principle for why, after an unexplained & unjustified delay, an agency can regulate first and listen later, and then put more than 10 million healthcare workers to the choice of their jobs or an irreversible medical treatment." 3/
Justice Thomas is incomparable, but Justice Alito has truly distinguished himself as a most under-appreciated Supreme Court Justice. Opinion here supremecourt.gov/opinions/21pdf…
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