Opinion | How blocking Biden’s vaccine mandate would be a Supreme Court gift to Trump

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Opinion by James Hohmann: How blocking Biden’s vaccine mandate would be a Supreme Court gift to Trump

Solicitor General Elizabeth B. Prelogar, representing the Biden administration, told the justices that they are wrong to pretend Congress must renew authorities that have already been deferred to the executive branch, in this case to protect workers from “This gets to the nub of a deeper ideological dispute that reflects how the court is changing. It involves a lot more than OSHA or the polarized politics of vaccination.

The left also has grounds to worry. Historically, and almost definitionally, a gridlocked Congress that cannot pass laws tends to be better for conservative reactionaries than progressive activists. Lawmakers also lack the mastery of esoteric issues, say soil runoff, that civil servants can master. When the courts force Congress to expressly decide, usually either nothing happens — or lobbyists sit in the driver’s seat.

Pushing decision-making to Congress from the civil service, or what Trump disdainfully called the “deep state,” is a goal of the conservative legal project shared by Chief Justice John G. Roberts Jr. He noted on Friday that OSHA’s approachas a “workaround.

The reality is, even if they tried, the Democratic-controlled Congress probably couldn’t cobble together the votes to pass a mandate like OSHA’s. Ten Republicans in the Senate wouldn’t cross over to break a filibuster. Republicans are emboldened because they think opposition to vaccine mandates in the off-year Virginia elections helped win all three statewide races and flip the House of Delegates.

— if Hillary Clinton had prevailed in 2016. She would have been able to confirm someone to fill the seats that opened with the deaths of Justices Antonin Scalia and Ruth Bader Ginsburg. Instead, the Republican blockade of Merrick Garland worked in 2016. The consolation prize for Garland is being attorney general, and now his Justice Department is defending the OSHA mandates in court.

 

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Don't blame Trump. Blame Ruthie.😂🤣😅 Who am I kidding. Without blaming Trump wapo and rhe dems got NOTHING

Change ur Name to DemocratPost. Every passing day u guys act more like Partisan Party Hacks.

It would be a 'gift' for human rights

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