Yesterday the Supreme Court overturned the employer mask mandate. It was a rule written by the Department of Labor about 9 weeks ago (link to previous blog) requiring employers of 100+ people in the U.S. to require employees get vaccinated or take weekly tests. Virtually right away it was challenged in court. A 3-judge panel of the 5th District put an immediate stay on it, 60 days before it would even take effect. Curiously this was the same 3-judge panel that heard initial challenges to Texas's abortion-bounty-hunter law and decided, "Oh tHiS iS ToO wEiRd tO uNdErStAnD!!" and let it begin taking effect immediately. And yesterday, by a 6-3 vote, the extreme Supremes struck the vaccine mandate down.
I've been trying to find a principled basis in this decision but can't. There's no historical or legal grounding, no established standard of law or precedent, no guiding principle that can be used to shape or decide future cases. The majority opinion boils down to just, "The law didn't say how many people you're allowed to impact with your decisions, and we think 87 million [roughly 25% of the US] is too many."
I've been trying to find a principled basis in this decision but can't. There's no historical or legal grounding, no established standard of law or precedent, no guiding principle that can be used to shape or decide future cases. The majority opinion boils down to just, "The law didn't say how many people you're allowed to impact with your decisions, and we think 87 million [roughly 25% of the US] is too many."