On Friday, the Supreme Court heard oral arguments on the legality of the Occupational Safety and Health Administration’s (“OSHA”) vaccination-or-test mandate. The parties challenging the mandate contend that it is unprecedented in the breadth of its assertion of authority. On this podcast, Professor Jenn Mascott, co-director of the Gray Center, interviews Steve Lehotsky of Lehotsky Keller–the counsel of record for the business groups challenging the mandate.

Mascott and Lehotsky discuss the oral arguments from Friday, including the questioning faced by Lehotsky’s partner, Scott Keller, who was the first attorney to argue before the Court in 2022. Friday’s argument was in an unusual posture, as it involved the parties’ request that the Court stay the government’s mandate, which Lehotsky and Mascott will also address. Tune in for discussion of the Justices’ consideration of who, and which institution, in our federal system has the power to decide health and economic policy questions of enormous magnitude, based on the terms of a law passed by Congress more than five decades ago in 1970.

This episode features Steve Lehotsky and Jenn Mascott.

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  1. CarolJoy, Not So Easy To Kill Coolidge
    CarolJoy, Not So Easy To Kill
    @CarolJoy

    Remember to applaud Sotomayor’s wisdom:

    First she mentions that there are 100,000 children in ICU wards across the nation suffering with COVID. (Actual number is under 3500.)

    Then there is this bit of intel about how she views the most important legal document in our nation:

    • #1