America's long record of judicial despotism

The Supreme Court is not an institution inclined toward justice

Roger B. Taney.
(Image credit: Illustrated | Library of Congress, iStock)

The Supreme Court last week struck down President Biden's coronavirus vaccine (or testing) mandate for businesses with more than 100 employees. As Mark Joseph Stern writes at Slate, the reasoning was ridiculous and tendentious. "It is telling that OSHA, in its half century of existence, has never before adopted a broad public health regulation of this kind," the majority wrote, conveniently ignoring that this is the first such pandemic in that half century. This absurdity was only underlined by the fact that the arguments in the case were heard remotely — because of the ongoing pandemic — and that one of the plaintiffs' lawyers was himself positive for COVID-19.

The ruling is one more piece of evidence for a larger truth: America has a de facto judicial tyranny, and it's unlikely to change.

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