Kristi Burton Brown Keeps Using That Word

[Hugh_Lebowski]

3. Jacobson V. Massachusetts is a bit different, to be fair ...

Number one, it involves a State's action, not a Federal action, and number 2, it involves the direct relationship between person and state. There's no 'employer' middleman.

So it does not necessarily apply to Biden's employer mandate.

My guess is that that this SCOTUS in particular is likely to throw it out, if a case on the subject reaches their bench.

The key issue I'd guess is the part where the POTUS is essentially deputizing private employers to act as vaccination enforcers, potentially against their will. Acting in this capacity costs them money by forcing an administrative burden on them.

I suspect SCOTUS would find that Congress could do this, but not POTUS.