Originally Posted by James Lacey
I read and skimmed most of the ruling. It's not that long, and you can find it here: https://s3.documentcloud.org/documents/21636220/047124235804.pdf
She talks about sanitation; a lot. But here is the funny thing. The judge spends a lot of time defining the word sanitation, but ultimately, from what I can tell, all of that argumentation has nothing to do with why she struck down the mandate. All of the writing about sanitation could be removed, and it would not change the document's meaning one bit.
She struck down the mandate quite simply because she says the CDC did not allow a thirty-day notice and comment period before enacting the mandate. But she goes on to say that the comment period can be bypassed if it's impracticable, unnecessary, or contrary to the public interest. And says that the CDC did not provide justification for bypassing the comment period. In short, she is saying the pandemic was not enough of an emergency to dispense with the comment period. That is her whole argument, from what I can tell.
Here is an interesting aside. When discussing sanitation and its meaning for pages and pages, she says, and I quote:
To aid in this statutory interpretation inquiry, dictionaries provide only a helpful starting point. They give the broad sweep of what a word might mean, but not what it must mean in each context.
She goes on to quote none other than Scalia, and say:
Because common words typically have more than one meaning, you must use the context in which a given word appears to determine its aptest, most likely sense.
Isn't that exactly what KBJ was trying to say about defining the common word woman during her confirmation process? Shouldn't someone in the GOP be attacking this woman for being wishy-washy about defining common words?
"...you must use the context in which a given word appears to determine its aptest, most likely sense."
The explanation, along with this judge, doesn't pass the sniff test. It's yet another example, Amy CovId Barrett style, of the long, wrong, and tortuous journey a conservative judge takes on the path to justify a decision based upon on a world she sees that ends at the tip of her own nose in order to justify a pre existing belief in her mind...