Justice Sotomayor Claims Not to Understand the Distinction Between State and Federal Powers

Supreme Court Justice Sonia Sotomayor professed not to be able to understand the distinction between federal authority and state police powers during oral arguments in a consolidated case before the court on Friday morning.

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. Both the National Federation of Independent Business and the state of Ohio are suing to end the OSHA vaccine or test mandate.

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.