Two recent decisions on vaccine mandates reveal just how hard-conservative the core of the Supreme Court is.
. The basic question in both cases is whether the mandates could go into effect while challenges proceed through the lower courts. But the decisions give some idea of where the Court stands. The Medicare-Medicaid mandate was always seen as being on less contested ground than therule—and this outcome was fairly clearly previewed by the Justices’ questions in oral arguments in the cases.
The majority’s view of workplace risk raises the question of whether the difference between the two mandates has something to do with whom each is designed to protect. The legal premise of themandate is that it is meant to protect workers. As the liberal dissenters wrote, after noting the ways in which-19 can spread in workplaces, “critically, employees usually have little or no control in those settings.
Indeed, given the clarity of the rationale for the Medicare-Medicaid mandate, the closeness of the margin is both striking and dispiriting. Four Justices opposed it. The outcome shows how hard-conservative the Court’s core is.
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