https://www.americanthinker.com/blog/2022/01/the_supreme_courts_mandate_review_may_be_the_last_chance_to_rein_in_agencies.html
As if we needed confidence in yet another American institution destroyed, we were treated with a true spectacle of deceit in last Friday’s Supreme Court’s oral arguments on OSHA’s vaccine mandates. With the hysterical hyperbole of a CNN anchor, Justice Sonia Sotomayor, a self-proclaimed “wise Latina woman,” refuted that description by declaring, “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 and many on ventilators.”
Despite her Yale pedigree, or perhaps because of it, as physicist Wolfgang Pauli famously quipped, she’s “not even wrong.” You must at least be in the ballpark to be wrong, especially when the facts are easily accessed on HHS and CDC websites. As of today, hospital capacity is at 79% with only 18% being used for COVID; there are 140 COVID hospitalizations of children; and cumulative child COVID cases since its inception total just 5520. Ventilator use, which proved deadly at the beginning of the pandemic, is used in only 3% of the cases.
Extending her epidemiological deception to the legislative record, Sotomayor explained, “OSHA proposed regulations, it didn’t act fast enough, and Congress told it to act faster.” The problem is, not only did Congress do no such thing, it did exactly the opposite! Only a month ago, the Senate, with Democrat support, passed S.J. Res 29 to nullify OSHA’s vaccine mandate.
As implacably vacuous as Sotomayor’s hysterics were, Justice Elena Kagan plunged the Court to a level so benighted it made Robert’s “it’s a tax” seem like wisdom from the Oracle of Delphi. While her progressive ramblings are certain to inspire the army of “experts” infesting every crevice of DC’s bloated bureaucracy, they betray a profound contempt for constitutional law:
So who decides? Should it be the agency full of expert policymakers and completely politically accountable through the President? This is not the kind of policy in which there’s no political accountability. If people like this policy, they’ll go to the polls and vote it that way. If people don’t like it, they’ll vote that way. This is a publicly — a politically accountable policy. It also has the virtue of expertise. So, on the one hand, the agency with their political leadership can decide. Or, on the other hand, courts can decide. Courts are not politically accountable. Courts have not been elected. Courts have no epidemiological expertise. Why in the world would courts decide this question?