Why We Saw a Split Decision on the Biden Vaccine Mandates

I’m sure the thing you most desire at the moment must be more analysis from the guy who, after carefully studying the Biden mandate cases for a couple of weeks, just got finished telling you we probably wouldn’t get a decision for another week or three. Yes, yes, I know: The ink was not yet dry on my post when the Supreme Court issued its two rulings.

But at least I was half right, and, though off on the timing, I did not misguide you on the important thing — the substance. We got the split decision that, a couple of days ago, I warned we might get: The Court torpedoed the Occupational Safety and Health Administration (OSHA) mandate in a 6–3 ruling, but by a bare 5–4 margin upheld the Department of Health and Human Services (HHS) mandate (involving 15 categories of entities that do business with CMS — HHS’s Centers for Medicare and Medicaid Services).