with no notice of public comment that they didn t have here has an affect oaive 85 million american workers and that was gorsuch s point. this should be done by congress and the state, not by nine supreme court justices and certainly not by a bureaucrat over at osha. right. i think that very true. you know, there s also, this was, this is a case of, a case of making bad law for the administration, good law for those that want to restrict agency. what people have gotta understand is that each of these blunders in court are creating law against the office that the president 40e8ds. that s why past administrations had been really quite leary about lit gating these issue ons the edges of presidential power because they didn t want not only a loss for their own administration but to bind future press s. that s why this is so reckless is that they re taking very weak arguments and creating really
that was written by the court. it has likely the greatest lasting power. gorsuch, i testified at his confirmation favor of his confirmation, and one of the . the role of agencies and how they re usurping a three-branch system. thus opinion really brought all of that to the forefront. in my view it was gorsuch across the bow on cases like chevron and to say that we need to bring ageny ses back under the control of congress so that they do not become a fourth branch of government. laura: a lot of americans in the weeds of administrative law professor don t know how much power these agencies, inn or otherwise, have oash their lives. language that turned into a role
as possible, they twist arms to get stuff done, and then the court has to come in and say not so fast. this is what s happened on multiple o occasions as you just said. gors gorsuch wrote a concurring opinion in the osha case. osha is not agency related public health when congress has sought to mandate vaccinations it has done so expressly. we have nothing like that here. did he nail that? he also went on to say who should decide how to respond to the pandemic? the states and congress, he said. that s really the route given how, given how the science is changing on vaccines, health safety, who can transmit, who gets infected. this is almost moot now given what we know about omicron. i think the gorsuch concurrence is the one that has the legs of all the material