Patterico's Pontifications


Constitutional Vanguard: An After-Action Report on the Newsletter About Justice Gorsuch’s Mistake in the Vaccine/Testing Mandate Case

Filed under: General — Patterico @ 6:46 pm

Today’s newsletter is free to all and follows up on Tuesday’s newsletter about Justice Gorsuch’s error in the vaccine/testing mandate case. As I did in a recent post, I did a roundup of some coverage of the error, with some analysis of where that coverage was either faulty, as well as where the coverage shed more light.

I also took on some arguments that had been sent to me by a law professor who shall go unnamed.


After all, if OSHA issues regulations that make it less likely for a worker to lose his fingers at work, those regulations will “affect” the worker at home as well . . . by giving him, inside his home, the use of fingers that he might not otherwise continue to possess but for the OSHA workplace regulation. Ah, but if the agency itself had already disclaimed any authority to issue regulations that will “affect workers’ lives outside the workplace” . . . .then that could be seen as a major concession. And Justice Gorsuch portrayed it as such — but it is a concession that OSHA had not actually made in its 2020 brief.

Coming soon: an analysis of the vaccine/testing mandate cases themselves. That one will be for paid subscribers. You may subscribe for free (or sign up to be a paid subscriber) here.

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