A Second Look at Justice Sotomayor’s ‘Police Power’ Comments

Supreme Court Justice Sonia Sotomayor speaks to attendees during commemorations for International Women’s Day at the 9/11 Memorial and Museum in New York City, March 8, 2019. (Eduardo Munoz/Reuters) I happen to believe Sotomayor is wrong on the merits. Nevertheless, her argument is not frivolous.

NRPLUS MEMBER ARTICLE I don’t agree with Justice Sonia Sotomayor on much, but I cut her lots of slack on the “police powers” debate she had with Ohio attorney general Ben Flowers. As our Isaac Schorr reported, this came up during Friday’s oral argument on President Biden’s vaccine mandates. Specifically, it arose in the first of the two cases argued, which centered on the Occupational Safety and Health Administration (OSHA) mandate, though it is equally relevant to the second, consolidated case, involving the Health and Human Services (HHS) mandate. (The audio and transcript of the OSHA argument are here and here, and for …

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