You’re really splitting hairs there, and you’re incorrect. The cases heard across multiple circuits were consolidated through a lottery that the Sixth Circuit won. As a result, the Sixth Circuit dissolved the Fifth Circuit’s stay on the OSHA mandate and it was applied across the United States. There’s plenty of literature on this already, and precisely why the Sixth Circuit’s order overruled the Fifth Circuit’s because the lottery process is designed as such. Per the Sixth Circuit’s ruling:
“ Pursuant to our authority under 28 U.S.C. § 2112(a)(4), we DISSOLVE the stay issued by the Fifth Circuit for the following reasons.”
Scalia was just another Justice. I’m indifferent to any of them. I care about ideas, not judges. Some just happen to have better ideas more often than others, or fewer bad ones may be the way to look at it.
The Court determined permissible interpretation of statute grants deference to the agency. The problem is OSHA has never claimed authority to impose general vaccine mandates in its 50 years of existence under the OSH Act. You then cycle through the contradictions of the ETS and it wasn’t well formulated. Companies with 100 or more employees, but not 99. Vaccinated don’t need to be tested, yet still spread it. So an infected vaccinated worker is safer than a non-infected unvaccinated worker. That’s illogical.
But no, I don’t have irrational fondness for Scalia. Just as Gorsuch has delivered disappointing rulings, like determining the Internet sales tax should go forward 5-4 simply because e-commerce expanded and Congress has chosen not to act. So the Court decided to act for Congress because it grew impatient. The Court seized legislative authority and determined because e-commerce has grown so much compared to under Quill, we must overturn Quill. That’s very poor logic. The majority then determined taxing authorities in different states have jurisdiction over nonresidents in other states. Excellent—interstate tariffs. Precisely what the Constitution prohibits.
You’re really splitting hairs there, and you’re incorrect. The cases heard across multiple circuits were consolidated through a lottery that the Sixth Circuit won. As a result, the Sixth Circuit dissolved the Fifth Circuit’s stay on the OSHA mandate and it was applied across the United States. There’s plenty of literature on this already, and precisely why the Sixth Circuit’s order overruled the Fifth Circuit’s because the lottery process is designed as such. Per the Sixth Circuit’s ruling:
“ Pursuant to our authority under 28 U.S.C. § 2112(a)(4), we DISSOLVE the stay issued by the Fifth Circuit for the following reasons.”
How do you square your description of Chevron deference with Justice Scalia's majority opinion in City of Arlington v. FCC?
Scalia was just another Justice. I’m indifferent to any of them. I care about ideas, not judges. Some just happen to have better ideas more often than others, or fewer bad ones may be the way to look at it.
The Court determined permissible interpretation of statute grants deference to the agency. The problem is OSHA has never claimed authority to impose general vaccine mandates in its 50 years of existence under the OSH Act. You then cycle through the contradictions of the ETS and it wasn’t well formulated. Companies with 100 or more employees, but not 99. Vaccinated don’t need to be tested, yet still spread it. So an infected vaccinated worker is safer than a non-infected unvaccinated worker. That’s illogical.
But no, I don’t have irrational fondness for Scalia. Just as Gorsuch has delivered disappointing rulings, like determining the Internet sales tax should go forward 5-4 simply because e-commerce expanded and Congress has chosen not to act. So the Court decided to act for Congress because it grew impatient. The Court seized legislative authority and determined because e-commerce has grown so much compared to under Quill, we must overturn Quill. That’s very poor logic. The majority then determined taxing authorities in different states have jurisdiction over nonresidents in other states. Excellent—interstate tariffs. Precisely what the Constitution prohibits.