Who Decides, Redux?

Oral arguments NFIB v. OSHAJudge Sutton was apparently on the minds of several Justices. Justice Kagan was asked “Who decides?” Justice Kagan asked “Who decides?” Justice Breyer asked: “Should we decide?” Justice Kavanaugh follows[ed]Justice Kagan is the one who answers question.” Justice Gorsuch’s “return[ed]The question is: “Who decides?” Which party should rule on COVID mandate cases

Justice Gorsuch agrees in NFIB v. OSHAThe very first sentence of the question asks this question:

Today’s central question is who decides?

Gorsuch asserts that OSHA has no right to determine. This decision is for the states or Congress, but it really belongs to the States.

It is not clear if there are any. Administration agencyWashington may have a supervisor responsible for workplace safety who can mandate regular testing or vaccinations of up to 84 million people. Or, whether the work is done by 27 other states before us. State and local governmentsAll across the nation and all of the elected representatives that the citizens elect to Congress.

However, OSHA does not have the authority to make this rule. This Court has to decide.

It is not a health authority. It is responsible for resolving any disputes. Which authorities have the power?To make laws under the Constitution, and laws in the Land.

Justices Sotomayor, Justices Breyer and Kagan revert to the “who decides?” theme.

This simple, single question is the underpinning of all this controversy: Who decides how much protection, and of what kind, American workers need from COVID–19?The following are some examples Agent with experiencein the workplace safety and health, as Congress authorized and President approved? Oder Court without any knowledgeHow to protect workplaces and how to shield yourself from any liability for damage caused by it?

In a passage almost certain to have been written by Justice Kagan the dissent emphasizes that it is the agency and not the Court that are accountable

The Standard also has the virtue of political accountability, for OSHA is responsible to the President, and the President is responsible to—and can be held to account by—the American public.And then, there is this Court. The Court’s members are accountable and elected by no one. We “lack”[]Competence, background and experience to “assess” safety and workplace health. South Bay United Pentecostal Church?, 590 U.S.OBERTS, C. J.) (slip op., at 2). . . . The Court cannot be held liable for any reason other than its legal foundation. UsurpsIt is a rightful decision of others. This undermines the ability of federal officials to act within their authority and protect American workers from serious danger.

This is the conclusion of my dissent. It contains one of the best pieces of judicial rhetoric that I’ve ever seen.

Wisdom is the ability to accept that others have different opinions than you. We are wise when we don’t want to overrule the judgements of experts acting within the scope Congress designated and under President control to address emergency situations. Today we don’t know what wisdom looks like.

Well done. It was great. tweetJohn C. Maxwell, pastor and author.

This theme, “Who Decides?” I believe. I suspect this theme of “Who Decides?” throughout the term will continue to recur. May be even more. Dobbs. Justice Kagan might find himself in this same position again.

Redux! first published this article