I'm reading now and it seems like, predictably, they're making very lawyery arguments with a lot of emphasis on words like
occupation(al) and
employment, arguing that this is not a "workplace" safety standard and since it is broad and neutral rather than specific and targeted, they don't have this authority which...is a bit odd. The implication seems to be that covid doesn't fall under OSHA because it's not specific to a workplace/occupation.
Basically, because potentially getting covid isn't normally a part of the job, that it doesn't count as a workplace hazard.
I'm only like a quarter of the way through the majority opinion so far, not sure if there are any concurrent opinions beyond this, but so far this is sounding like a lot of horse shit. But I'm not a lawyer, so if there are folks with legal backgrounds that are applicable I'd be interested to learn more. Gonna try to find some once I finish reading it.
Link to the opinion -
https://www.supremecourt.gov/opinion...1a244_hgci.pdf
To make it explicit -
I'm sure all the retail/service employees all around the US are screaming that yeah, you out of touch fuckwits, it's very much an occupational hazard for them. And has been since the start of this shit. But hey, I guess what they're doing isn't an "occupation" or something.
So unless your job is literally working on covid research, it doesn't count.
There hasn't been a pandemic like covid in the half century since OSHA has existed they can't do it because...they haven't done it before. Which is the most horse shittiest of justifications around.
Bonus points, the "telling indication" is a reference to a ruling Justice Kavanaugh made when he was Judge Kavanaugh -
https://supreme.justia.com/cases/fed...pinion-1963375
The ruling on the referenced case with the quote from Kavanaugh. Though I don't have it in me to dig into that case, I gave it a quick look and it seems too time consuming atm -_-