But then there is this idiot:youthathletics wrote: ↑Sun Dec 19, 2021 8:52 amThank you...did not interpret your post as snarky.seacoaster wrote: ↑Sun Dec 19, 2021 8:26 amYA, I apologize for the short, maybe snarky-looking response.seacoaster wrote: ↑Sat Dec 18, 2021 4:10 pmIt’s increasingly hard to prognosticate with Gorsuch, who doesn’t appear to care about precedent.youthathletics wrote: ↑Sat Dec 18, 2021 3:30 pmCurious....what do your spidey-senses think will happen if it heads to SCOTUS?
Here is the whole decision:
https://www.opn.ca6.uscourts.gov/opinio ... 87p-06.pdf
As you can see, the preamble states it starkly: we are in trouble, on new ground, and workplaces need to be safe to return Americans to their jobs safely. The court then runs through OSHA's statutory mandate, and turns to the Petitioners' -- the states etc., opposing the mandate (my own included) -- arguments and mows them down one by one. I cannot say or really guess on how the SCOTUS would or will rule without really digging into law and arguments. But the decision seems sound and well-reasoned.
Gibbons's brief concurrence, beginning at page 38 is a worthwhile read. She (Reagan appointee from Tennessee) talks about the limited role the courts should play in the development and effectuation of widespread policies affecting broad swaths of the populace. This is -- or was -- an absolutely central tenet of conservative legal thinking in all of my lifetime. We'll see if it catches the eye and brain of Gorsuch and Alito and Thomas, in particular, whose adventuring on the and from the bench is now a basic expectation among court watchers.
Interesting panel: three women; Reagan, Obama and Trump appointees. Trump appointee dissenting.
We shall soon see if the mandate survives.
I like Larson's argument on page 39, seems more logical in nature, and as you say she "mowed down" the nuances, then locked in on "just the facts" as it relates to law.
Looked her up.....no wonder I like her, she worked for Scalia, so she may carry with her that originalists line of application.
https://twitter.com/DanCrenshawTX/statu ... 1098412039