Defending OSHA’s Vaccine Mandate, Sonia Sotomayor Says ‘I’m Not Sure I Understand the Distinction’ Between State and Federal Powers

On Friday, when the Supreme Court considered whether it should block enforcement of the Biden administration’s COVID-19 vaccine mandate for private employers, most of the discussion focused on whether the Occupational Safety and Health Administration (OSHA) has the statutory authority to issue that rule. But the justices and lawyers also touched on a constitutional argument against the mandate, one that hinges on the distinction between state and federal powers.

Justice Sonia Sotomayor claimed not to understand this distinction.