The reasoning is simple. Is this authority the federal government is taking upon itself, grounded in the Constitution? If so, where? Give us that wording that unequivocally gives that power to the Executive branch, to essentially make law. Silly me, I always thought that was the job of Congress, the Legislative branch.
So how hard could this be for Bidens Progressive buddies? Just find the words, read them to the court and there you go! Problem comes in when those words aren't written on those pages but you'll do your best to make these judges believe that they are.
I don't know whether you have heard but an interesting bru-haw is happening over a remark by Sotmayor. She said:
“We have hospitals that are almost at full capacity with people severely ill on ventilators. We have over 100,000 children, which we’ve never had before, in — in serious condition and many on ventilators,” said Sotomayor during an exchange with Ohio Solicitor General Benjamin Flowers about how the omicron variant of the coronavirus has changed the pandemic.
federal data shows Sotomayor’s claim about serious illness among children is incorrect.
Och! Imagine that. A Supreme court Justice who is about to apply her knowledge of the Constitution ( as if it matters to her ) "and the facts at hand"......... has the facts wrong and now the public knows that this Justice is simply biased and like so many other politicians, is willing to "mis-inform", to protect their preconceived narrative.Will she publicly correct herself? Bet she doesn't but it doesn't matter now, the damage to her legal reputation is done.
Then the other brain dead Liberal Justice Kagan had these interesting words pre-judging the case.
“This is the policy that is most geared to stopping all of this,” Kagan said. “There is nothing else that will perform that function better,” to incentivize workers to “vaccinate themselves.”
Problem is, from the Conservative point of view and also the purpose for the hearing is, is it Constitutional not whether it is the best thing to do.
Right there. the perfect example of why we can't have Liberal Justices on the court. They simply do not understand their role. Your role is to compare what the government is petitioning to do and find that authority ( or not ) in the wording of the Constitution.
The simple and I believe correct answer is, it is not there and therefore this is a matter for states to handle. The federal government will play it's role, a huge role of making supplies and information available, something even Biden has admitted he has failed at with test kit availability.
Sotomayor and Kegan don't seem to understand what they are considering and where exactly did Sotomayor get that 100,000 number? What an embrassment to our SC.