Ep52 – Vaccine Mandates and Hiding Elephants in Mouseholes at the Supreme Court
Stefan found himself on the DL for this episode, so I went solo and tackled the U.S. Supreme Court's recent ruling in the OSHA vaccine mandate case and why it's not necessarily the primary victory, some claim.
I start the podcast by explaining administrative law and why an executive agency like OSHA can make laws despite the Constitution not granting law-making authority to the executive branch. I also briefly recap on how we got to this point in the vaccine mandate case and what's to come.
With the background material out the way, I give my thoughts on the well-publicized factual errors by some Justices and what they mean to the case.
I then dive a little deeper and explain that the issue in the OSHA case wasn't whether a government agency could mandate a vaccine for an estimated 85 million people. It was which level of government can do so, leaving out any contemplation that the individual is best positioned to make their healthcare choices.
Finally, I wade back into the discussion I started a few episodes ago about the rule of law and why the law is subjective.
This was my first solo-podcast episode. While it certainly has its warts, I enjoyed doing it and hope to bring a different perspective to the Supreme Court's ruling on the OSHA vaccine mandate.
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And remember, the conclusion you reach is less important than the process you follow to get there.
Justices bring their biases and outside facts into the cases the Supreme Court hears.
The central question in the OSHA vaccine mandate case came down to which level of government can mandate a vaccine for 65 million people. None of the majority, concurring, or dissenting opinions contemplated individual liberty and letting the people make healthcare choices for themselves.
Because language is vague, we must interpret laws. This reality means that law is subjective, not objective.
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