Patterico's Pontifications

1/24/2022

Constitutional Vanguard: An Analysis of the Supreme Court’s Decisions on Biden’s Vaccine Mandates

Filed under: General — Patterico @ 8:29 am



The long-promised post is up. If you want to understand these decisions better, without wading through all the legalese, this is the way to do it.

I listened to the oral arguments and found the behavior of the lefty justices to fall short of the judicial ideal. Justice Sotomayor’s blatant misstatements of fact when it came to the effect of the pandemic on children seemed to exemplify a sort of tribalism that increasingly seems to characterize the left side of the Court, which is far more predictable than the right side in terms of outcome.

Second, regular readers know that I am a judicial conservative, and generally find myself in agreement with the likes of Scalia and Thomas — or, these days, Thomas, Alito, and Gorsuch.

But if you know me well, you also know that I call them as I see them. I’m not much of a “team player” when it comes to expressing my opinions on politics or the law, because being a member of a team would require me sometimes to shy away from speaking the full truth on an issue, as I see it. I prefer to say what I think even if it upsets members of my “team.” I do this enough that it no longer really feels like I even have a team. (Other than you subscribers, of course!)

And here, speaking the full truth requires me to reveal something that surprised me: when I read the vaccine mandate decisions, I found that as a matter of pure logic, the folks in dissent on the case involving the OSHA mandate seem to have the better of the argument.

I wrote this one for the paid subscribers, an elite group you can easily join by clicking here.


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