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re: USSC OSHA Ruling Watch: Day 3
Posted on 1/10/22 at 7:45 am to DarthRebel
Posted on 1/10/22 at 7:45 am to DarthRebel
quote:
Not that I have faith in them doing the right thing, but the justices know these minor details.
We should not act they come into these proceedings clueless.
Yeah it’s not like one of the judges was off by 97000 hospitalizations for children affected by Covid. (100000 v 3000)
Posted on 1/10/22 at 7:47 am to STEVED00
We know how that judge will vote though. Her ignorant comments were just part of her justification for her vote. She didn’t care that it was all incorrect.
Posted on 1/10/22 at 7:48 am to LSUGrrrl
The fact they didn’t rule this unconstitutional immediately means they are retarded
Posted on 1/10/22 at 7:49 am to theunknownknight
Maybe they all had a busy weekend and couldn’t get around to it yet. Birthday parties for grandkids and stuff.
Posted on 1/10/22 at 7:50 am to BenDover
quote:
The CMS one seems like a 95% chance to remain in place.
So federal government using our own tax dollars to force non government employees to do what they want. Sounds awesome
Posted on 1/10/22 at 7:50 am to LSUGrrrl
quote:
We know how that judge will vote though. Her ignorant comments were just part of her justification for her vote. She didn’t care that it was all incorrect.
Agree but it is discouraging that she gets a vote. Kagan and Breyer are very bright though obviously left leaning. Soto on the other side, clearly is in over her head like our current POTUS.
Posted on 1/10/22 at 7:53 am to theunknownknight
quote:
The fact they didn’t rule this unconstitutional immediately means they are retarded
Heard on the radio they are reconvening at 10 today. Should have a ruling soon.
Posted on 1/10/22 at 7:54 am to STEVED00
That she wasn’t mocked by every news agency for her comments is the real problem.
Posted on 1/10/22 at 7:58 am to burger bearcat
quote:
I really would love to know what they are conflicted over. I will say this, Kagan, Breyer, a nd Soto are idiots, but can see them being loud and angry and trying to intimidate ACB and Kav who seem mild and milqtoaste. This is very basic, just read the 9th and 10th ammendment, and its obvious.
Sotomayor has never heard of the 10th amendment. You heard it in her questioning.
Posted on 1/10/22 at 7:59 am to GumboPot
Kagan and Breyer aren’t idiots but they obviously will vote in favor with current administration. They are at least savvy enough to not look like dem party shill.
Posted on 1/10/22 at 8:00 am to Hoops
Yeah I don’t agree with it but the arguments by attorneys arguing against the private industry one play well for the CMS mandate.
Basically private industry attorneys argued OSHA ETS doesn’t work because it’s a one-size fits all approach which is bullshite. There are certain industries where it’s easier to implement your own safeguards without a mandate. This is ACB’s primary concern. CMS being restricted to healthcare workers meets that criteria.
Again, I don’t agree but just personal opinion based on how the arguments were presented Friday.
Basically private industry attorneys argued OSHA ETS doesn’t work because it’s a one-size fits all approach which is bullshite. There are certain industries where it’s easier to implement your own safeguards without a mandate. This is ACB’s primary concern. CMS being restricted to healthcare workers meets that criteria.
Again, I don’t agree but just personal opinion based on how the arguments were presented Friday.
Posted on 1/10/22 at 8:01 am to Dirk Dawgler
quote:
I think they already ruled to uphold by 5-4. It is much harder to write an opinion that circumvents The Constitution so they are trying to make it appear as legit as possible. If Thomas, Alito, or Gors were writing it would have been clear cut and done before the vote was even done and put out yesterday.
Unless they are trying to split the baby like all the predictions say they are going to do. Splitting the baby between CMS and OSHA is going to take a lot of creative writing too.
Splitting the baby is the most Robert's move possible.
Posted on 1/10/22 at 8:05 am to GumboPot
quote:
Splitting the baby is the most Robert's move possible.
It’s also extremely par for the course for SCOTUS in general. I have no clue where people get the idea that SCOTUS likes to make huge black and white, ground breaking decisions. It doesn’t like to do so, and never has.
It is always going to rule on procedural, technical, or other threshold issues and force the lower courts to deal with the hard stuff first.
This post was edited on 1/10/22 at 8:06 am
Posted on 1/10/22 at 8:07 am to theunknownknight
quote:
The fact they didn’t rule this unconstitutional immediately means they are retarded
I have a feeling that even if they do rule it's unconstitutional, they are slow playing the ruling to try to passively enforce the mandate as long as possible. Kind of similar to how they ruled the eviction moratorium was unconstitutional but with the caveat that since it ends in a few days, we'll leave it alone... but you'd better not extend it again or you'll get a stern finger wagging.
Posted on 1/10/22 at 8:07 am to LSUGrrrl
quote:
We know how that judge will vote though. Her ignorant comments were just part of her justification for her vote. She didn’t care that it was all incorrect.
Soto gets blue pill overdosed everyday from The View and CNN. She uses CNN and The View as her continuing education courses.
Posted on 1/10/22 at 8:08 am to midnight_chopper
quote:
Kind of similar to how they ruled the eviction moratorium was unconstitutional but with the caveat that since it ends in a few days, we'll leave it alone...
The Court does not issue opinions on cases that are moot.
That is why they didn’t spike the ball harder on the moratorium, but enough to prevent the administration from reissuing it.
Posted on 1/10/22 at 8:11 am to BenDover
quote:
Basically private industry attorneys argued OSHA ETS doesn’t work because it’s a one-size fits all approach which is bullshite. There are certain industries where it’s easier to implement your own safeguards without a mandate. This is ACB’s primary concern. CMS being restricted to healthcare workers meets that criteria.
Again, I don’t agree but just personal opinion based on how the arguments were presented Friday.
Good point. This makes sense and how Roberts will thread the needle to split the baby.
I hope both die but at least I personally hope the OSHA mandate dies before the CMS.
Posted on 1/10/22 at 8:12 am to DarthRebel
Being clueless is SOP for Sotomayor. She does it very well.
Posted on 1/10/22 at 8:12 am to Lsut81
I hope they keep the mandate just so we can start to see some real revolt
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