...The Occupational Safety and Health Administration’s (OSHA) rule states that employers of 100 or more workers must either require employees to be vaccinated, or force unvaccinated employees to submit to weekly testing and masking in the workplace....
Critics, including the plaintiffs, submit that the rule represents federal and bureaucratic overreach. On Friday morning, Sotomayor expressed her dissatisfaction and puzzlement at that critique.
“I’m not sure I understand the distinction why the states would have the power [to institute a mandate such as OSHA’s], but the federal government wouldn’t,” stated the associate justice.
When Ohio solicitor general Ben Flowers began to explain that the federal government lacks police powers, Sotomayor cut him off, exclaiming that that it has “power with respect to protecting the health and safety of workers. ”
“We have accept[ed] the constitutionality of OSHA,” continued Sotomayor, who eventually insisted that the federal government has “a police power to protect workers,” over Flowers’s objections.
Those objections are rooted in the Tenth Amendment, which states that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” In constitutional law, these are frequently referred to as “police powers,” and refer to efforts to regulate the health, safety, and morals of the populace....