we are back with dan henninger, mary o grady and kyle peterson. kyle, a huge here for the court, let s start with a vaccine mandate case, a big issue of executive power, how much power it has especially relying on its own reading of regulation, writing in regulation with no explicit authority from congress, how do you think that will go? i think this court will be highly skeptical of the employer mandate on businesses with more than 100 workers and the question really is, did congress give the power to mandate vaccines for testing? i think the answer is probably no and part of it is that covid is not specifically workplace, it s not like a toxin or machine that could hurt you, it s floating around everywhere,
it is now solidly 6-3 in favor of conservatives. we ve seen justice breyer in recent weeks join fiery dissents with his two other similarly minded justices. sonia sotomayor and elena kagan, in the vaccine mandate case that came from the biden administration and dissents in the decisions allowing the texas abortion ban to stay in place. so justice breyer has been outspoken but there is still a lot more work to do in this term and now there s work to do for the white house, determining who will be the next nominee. we understand that there are probably two names leading contenders. president biden pledged to put in place a black woman. we ve learned through sources that ketanji brown jackson is on the circuit court of appeals is a leading contender along with leondra kruger.
take the stand but was also convicted of murdering. so there s a play book for the prosecution now that they re winning more of these cases. i guess the defense play will have to evolve beyond what we saw in this case and others which is to put the victim on trial to make it sound like daunte wright deserved to die. the jury rejected that claim. mark, what do you think this means for police reform and accountability? i think the debate about reform will continue. however, clearly i think this verdict and the derek chauvin verdict is indicative of the public s appetite for increased accountability, if not reform, even when they may be slow about operational reform with agencies. i think there s a feeling, a sentiment that says listen, there has to be high level of
investigation. delay would inflict a serious injury on the select committee and the public. jill, what is the strategy here? let me just say that in the watergate case, we went from final subpoena for 64 tapes for trial, our second subpoena, to supreme court decision in three months. there s no reason it should take longer. this case is under way. it could be decided long before march. the timing here is crucial because unless the documents are turned over, i would say way before the summer recess, it will be useless. by the time you get to midterm elections and risk that congress could change hands and the republicans would shut this down, americans will never know the truth of what happened, who planned it, who funded it, what did the president know and when did he he know it, going back to another watergate case.