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the official new supreme court thread - Very political

Crazy to believe government can mandate carrying a pregnancy to term but not mandate vaccinations or negative tests to prevent spread of a deadly disease.

If the SCOTUS strikes the ETS down—and I think it should—it won’t be because the government can’t require vaccinations. It will be because Congress didn’t give the authority to OSHA to require vaccinations.
 
It’s scary to see Supreme Court justices embrace fringe anti-vaccine nonsense.

If you listen to the audio of the oral argument, it's pretty clear he said "Flu kills hundreds ... thousands of people every year."

The justice who actually made an error was Sotomayor, who said there were over 100,000 kids in serious condition with COVID.
 
If the SCOTUS strikes the ETS down—and I think it should—it won’t be because the government can’t require vaccinations. It will be because Congress didn’t give the authority to OSHA to require vaccinations.

They did. You just don't like the law.
 
Washington Post blasts Sotomayor for ‘false’ COVID claim that ‘over 100K’ children are in 'serious condition’
The newspaper gave Sotomayor 'four Pinocchios' for her 'absurdly high' figure
Talia KaplanBy Talia Kaplan | Fox News

CDC director corrects Justice Soto mayor on mischaracterization of pediatric hospitalizations
CDC director Dr. Rochelle Walensky joined 'Fox News Sunday' to discuss the latest on pediatric hospitalizations, arguing the number of children's cases of COVID-19 is fewer than 3,500.

The Washington Post called out Supreme Court Justice Sonia Sotomayor on Saturday over her "false" claim that more than 100,000 children are "in serious condition," many of them on ventilators, because of COVID-19.

The Washington Post performed what they call "The Pinocchio Test" and gave Sotomayor "four Pinocchios" for her "absurdly high" figure, arguing that "it’s important for Supreme Court justices to make rulings based on correct data."

A spokesperson with the Supreme Court did not immediately respond to Fox News’ request for comment.

Sotomayor came under withering criticism Friday after she falsely suggested that upwards of 100,000 children in the United States are hospitalized from COVID-19.

Sotomayor drastically overstated the number of young people who have fallen severely ill from coronavirus during oral arguments on the Biden administration's mandate on private businesses for employees to be either vaccinated or frequently tested.

"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 serious condition, many on ventilators," she said.

The Washington Post slammed Sotomayor’s claim as "wildly incorrect, assuming she is referring to hospitalizations, given the reference to ventilators."

The newspaper pointed to data from the U.S. Department of Health and Human Services which showed that as of Jan. 8 there were about 5,000 children hospitalized in a pediatric bed, either with suspected COVID or a confirmed laboratory test and noted that the figure includes patients in observation beds.

"So Sotomayor’s number is at least 20 times higher than reality, even before you determine how many are in ‘serious condition,’" The Washington Post said. Referencing data from the Centers for Disease Control and Prevention (CDC), the newspaper also noted that there have been about 83,000 hospital admissions of children confirmed with COVID since Aug. 1, 2020, while pointing out that there are more children hospitalized now than at any point during the pandemic.

Speaking with "Fox News Sunday," CDC director Dr. Rochelle Walensky noted that currently the number of pediatric hospitalizations due to COVID-19 is less than 3,500.

"While pediatric hospitalizations are rising, they are still about 15-fold less that hospitalizations of our older age demographics," Walensky said on Sunday.

As with prior strains of the virus, younger people are at far less risk than the elderly of severe outcomes from the coronavirus.

The Supreme Court heard arguments Friday in a high-stakes public session to decide whether the U.S. government can begin enforcing sweeping COVID-19 vaccine requirements affecting nearly 100 million workers.

For nearly four hours, the justices heard oral arguments over federal vaccine and testing rules or businesses with 100 employees or more and on vaccine mandates for health care workers at facilities receiving Medicaid and Medicare funding.

Enforcement of the policies, which were announced in November, has been put on hold pending resolution in the high court.

Sotomayor was nominated by President Obama and has been on the Supreme Court since 2009.

Fox News’ David Rutz, Brooke Singman and Bill Mears contributed to this report.

Talia Kaplan is a reporter for FoxNews.com. Follow her on Twitter @taliakaplan
 
These people don't care. They're more offended by a conservative justice who stumbled over his words than a liberal justice who lied to make a point. #goteam
 
These people don't care. They're more offended by a conservative justice who stumbled over his words than a liberal justice who lied to make a point. #goteam

On the bright side, they are always available to post their feelings on the internet during the workday. I wonder if those things are related...
 
Dumb thing for Sotomayor to say - see, it's not hard. I will now wait for you two pillars of law, justice and non-hypocrisy to acknowledge that what Gorsuch (lol - stumbled over his words) and Alito said was dumb, and that the extremist conservative activists on the court will get the law wrong if they say the ETS cannot proceed.
 
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It’s 2022. Everybody posts their feelings on the internet during the workday.
 
As far as the OSHA ETS goes, you are correct that it is a jab or test paradigm and, for that reason, I don't think it presents the same constitutional problems as the EOs that mandate vaccination for federal employees and contractors, which truly do mandate vaccination, subject only to approved medical and religious exemptions. It does, however, have its own legal problems, constitutional and statutory, as identified in the 5th Circuit opinion staying it. Most notably, to my mind, is the major questions doctrine, which the SCOTUS recently invoked to strike down the eviction moratorium, concluding that Congress didn't delegate authority to the CDC to freeze evictions. There are also significant statutory questions, including whether the OSH Act, which is supposed to apply to workplace hazards like benzene fumes from sealant removers, etc., etc., etc., applies to (a) viruses at all and (b) hazards that exist everywhere, not just the workplace. Also, it's pretty clear that the Biden Administration is simply using the ETS to get more jabs in arms, regardless of actual workplace conditions, and regardless of whether the ETS is a square peg for the OSH Act's round hole.

Even if you don't have a problem with the ETS from a policy perspective, I think it is unlikely to survive judicial review.

It's almost like the SCOTUS read my work.
 
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