"Lawmakers also lack the mastery of esoteric issues, say soil runoff, that civil servants can master. When the courts force Congress to expressly decide, usually either nothing happens — or lobbyists sit in the driver’s seat. Pushing decision-making to Congress from the civil service, or what Trump disdainfully called the 'deep state,' is a goal of the conservative legal project shared by Chief Justice John G. Roberts Jr.... The reality is, even if they tried, the Democratic-controlled Congress probably couldn’t cobble together the votes to pass a mandate like OSHA’s. Ten Republicans in the Senate wouldn’t cross over to break a filibuster. Republicans are emboldened because they think opposition to vaccine mandates in the off-year Virginia elections helped win all three statewide races and flip the House of Delegates."
From
"How blocking Biden’s vaccine mandate would be a Supreme Court gift to Trump" by James Hohmann (WaPo).
The Biden administration is relying on general language in a statute passed over a half century ago as it tries to do something that we know Congress won't do on its own, even though Congress has been able to see the problem to be solved for at least half a year. The administration's mandate is such an aggressive imposition on people, and the position of Congress is, essentially, to spare us. It looks as though the Supreme Court is about to make Congress's answer — no mandate — the final answer.
Isn't that the most democratic — small "d" democratic — resolution of the lawmaking conundrum?
