An other-worldly vaccine argument at the Supreme Court
Predictions about how the Supreme Court will rule in the mask/vaccine cases appeared quickly and in bulk. No need to add to them, especially since they are mostly pretty consistent.
In time, observers who care about how important process is to the integrity of the system will raise the Court’s disturbing lack of attention to it. The businesses and states that want to stop the OSHA mask/vaccine rule from going into effect are asking the Court to issue a writ (though they call it a “stay,” which it clearly is not). To get the writ, they have to show, as the Solicitor General put it, “an indisputably clear right to relief.” But virtually everyone involved acted as though the issue were the ultimate merits, who should win in the end. That’s not the way the Court is supposed to operate. Continue reading “Matt Coles on National Federation of Independent Businesses v. Dept. of Labor”