some agency. laura: well, and thomas and his dissent on the kind of companion case involving the healthcare workers, that was, you know, significant. it was four justices, so brent kavanaugh voted with the chief justice and the procurium majority opinion upholding the mandate. justice thomas wrote vaccine mandates fall squarely within state police power and until now only rarely have been a tool of the federal government. if congress had wanted to grant cms awght outer to authority to impose a nationwide mandate and alter the balance it would have said so clearly. it did not. professor, did he have it right? well this was a real close shave. they came within one vote of losing both cases and this is the outcome that some of us predicted because you could tell that kavanaugh and roberts did not feel as strongly about this
punish anyone who deviates from the democratic party line. i hope citi and any company firing people or threatening to fire people because of their medical choices will rethink that decision. laura: are you surprised that brett kavanaugh nau went with the liberals on the healthcare workers case? are you surprised? it was a disappointing decision, laura. like i said, i m glad that the osha mandate, to coverage almost a hundred million americans was stawf stopped. the mandate korbs almost every healthcare facility in this country and i have heard from nurses and other healthcare providers across the state of arkansas they are struggling to keep their doors open, not just to care for the people that have covid in their facilities, but all the other medical conditions they have as well. people are pushing out surgical procedures that are oftentimes life-saving. i hope the administration will reconsider it. if they don t, cropping should. laura: senator, thank you. the doj has charged