SCOTUS Ruling on OSHA mandate expected today

Newsweek Speculates that the mandate will go down.

Based on Friday’s Supreme Court oral argument, it seems that sanity will prevail and the justices will block the federal private-sector vaccine mandate, an “emergency” standard the Occupational Safety and Health Administration announced in November. Just as the Court blocked the Centers for Disease Control’s eviction moratorium last summer, six justices are now clearly troubled by a claim of sweeping regulatory authority based on flimsy statutory text.

The federal government’s power to regulate its own employees (including servicemen), or those it funds through programs like Medicare and Medicaid—the subject of a case argued the same day—is on stronger ground. But all these issues are different from those courts have confronted with regard to state and municipal mandates and restrictions, whether in the context of religious services, business operations or vaccination requirements. That’s because state governments have different sorts of powers than the federal government has, so lawsuits against their exercise have claimed infringements on individual rights—rather than, as with OSHA and the CDC, claiming that an agency has exceeded the scope of its authority.