My Substack post on Justice Gorsuch’s error in his concurrence in the OSHA vaccine/testing mandate case was picked up by Howard Bashman at How Appealing, by Dan Abrams’s Law & Crime site, and by Josh Blackman at Reason. Bashman’s work often gets attention in the legal community and is the best shot for getting a correction. The Law & Crime blog unfortunately garbled the analysis but raised the issue more widely. Blackman identified the source of the error, which was helpful, but for reasons I will explain in an upcoming post for paid subscribers, in my view overly minimizes the impact of the error.
People mostly accepted the analysis that it was an error. I got some half-hearted efforts to justify the quote from one law professor, who conceded in the end that his objections did not amount to much. I think I will discuss some of this in another free Substack I hope to get out tonight or tomorrow morning. The good stuff comes later this week with the analysis of the cases. For that, you’ll have to pony up! Subscribe here.