Only One Argument Need Be Made Against the Biden-OSHA Mandates

Erin Schaff/The New York Times via AP, Pool

I listened to the entirety of the oral arguments made in the U.S. Supreme Court on Biden’s vaccine mandates. I did so as part of my preparation to discuss the issue on my own podcast. “Trust but verify,” Ronald Reagan said. I can now verify that in a nation of 330 million people, the dumbest Americans are the leftist, activist justices on the Supreme Court.


Many of you have likely already seen and heard the highlight reel of the overt and undeniable stupidity displayed by Justices Breyer, Sotomayor, and Kagan.

It is true that Justice Breyer made the false and embarrassing claim that “750 million new cases” had been reported last Thursday, despite the fact that the United States’ population is just 330 million people. Perhaps it was an honest mistake, attributable to a sharp decline in mental acuity due to Breyer’s old age — Breyer is 83 years old.

After all, Joe Biden, who is 79, once claimed that “millions” of Americans had died from COVID and that “85,000 jobs” had been lost due to the pandemic. The real number of jobs lost was closer to 114 million. Whether such egregious mistakes as those made by Breyer and Biden are honest or not, it does beg the question: Is either man fit to fulfill their sacred duties?

But what is Justice Sotomayor’s excuse? She is 67 years old and made the patently false claim that the omicron variant “is as deadly” as delta. Even Tiny Tony Fauci, the de-facto anti-science leader of the left, has said, “All indications point to a lesser severity of omicron versus delta.”

While the claims made by both Sotomayor and Breyer are stupid, neither Justice is, in fact, stupid. They are liars — activist, leftist justices who put their political agenda above truth and the Constitution.


The OSHA mandates that Justices Breyer, Sotomayor, and Kagan are openly supporting are unprecedented. OSHA has never mandated widespread testing or vaccine mandates.

Because the mandates are unprecedented, these activist justices must make the case that COVID-19 is likewise unprecedented and the mandates reasonable and necessary. In other words, an unprecedented situation warrants an unprecedented response.

“We have over 100,000 children,” Sotomayor claimed, “which we’ve never had before, in serious condition and many on ventilators.” This is an egregious lie. Per the CDC, only 694 children between the ages of 0-17 have died from COVID…in two years.

Pay particular attention to the language Sotomayor used: “We have 100,000 children, which we’ve never had before…” What Sotomayor says on its face is stupid: an outright lie, but the lie is intended to justify unprecedented action. What is the unprecedented action?

If the Biden-OSHA mandates are allowed, the unvaccinated employees at any private company with 100-plus employees will be required to test weekly for COVID and wear facial coverings indoors. While the mandates do not explicitly require ‘jabs for a job,’ the intention is coercion.

Justice Kagan, the third activist stooge, argued that the OSHA mandates are “the policy most geared” to end the pandemic: to “strongly incentivize vaccination.” The weekly COVID test requirement alone presents an onerous and costly financial burden to either the unvaccinated employee or their employer, with tests costing anywhere from $100 to $200. The OSHA mandates are designed to compel vaccination, rather than incentivize vaccination.


While bizarre and pathetic, former New York City Mayor Bill de Blasio’s offer of free Shake Shack fries for the vaxxed was an “incentive.” Mandating onerous and discriminatory masking and testing policies for the unvaxxed is not. OSHA is effectively mandating vaccines without mandating vaccines.

While many sound arguments were made against the OSHA mandates, there is only one that need be made. There is zero difference between the vaccinated and unvaccinated as it relates to the contraction and transmission of COVID.

In fact, it has been widely reported that most of the COVID cases caused by the omicron variant are in people who are fully vaccinated and boosted. If the vaccinated and boosted are presently those most susceptible to contracting and transmitting COVID, then why in the hell would OSHA mandate that the unvaccinated be required exclusively to test weekly for COVID and wear masks indoors? Masks that health experts are now admitting are ineffective.

In the oral arguments, Justice Kagan outrageously claimed that “the best way” to prevent the spread of COVID is “for people to get vaccinated.” She argued “the second best way” is to “wear masks.”

Neither vaccines nor masks prevent the spread of COVID. And if the vaccinated can get COVID — and they can — why should OSHA only subject the unvaccinated to weekly testing and masking mandates?


Justices Breyer, Sotomayor, and Kagan are frauds and hacks, simply regurgitating proven lies and spreading dangerous misinformation to support the OSHA mandates. Not unlike the partisan J6 Committee, which has already falsely determined that Trump is guilty of “inciting an insurrection,” these leftist justices have already falsely determined that the OSHA mandates should be implemented.

Breyer, Sotomayor, and Kagan are as unfit for the Supreme Court as Pelosi and the J6 committee members are for Congress.


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