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