Emerging Uses of “Emergency”
8th January 2022
Scott Johnson at Power Line.
Two of the Biden administration’s vaccine mandates came before the Supreme Court for oral argument yesterday, one arising under OSHA and the other arising under the auspices of HHS. I thought the first of these cases raised the question of administrative law regarding the lawful scope of agency authority in an unusually pure form. Listening to the oral argument in NFIB v. OSHA, however, I have been disabused of the notion.
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The case is apparently a vehicle for low-definition yammering of the kind to which we have grown accustomed on cable news. Indeed, three of the justices appear to get their understanding of related facts from cable news. If there is a question of principle in the case, it has been lost somewhere in the allegedly thinning layer of ozone.