MAGAt demonstrators protest masks, vaccine mandates, and vaccine passports in Boston.
Credit: Joseph Prezioso/Getty Images

A majority of the justices on the Supreme Court may not see COVID-19 as an emergency. But they do see it as an opportunity. This unprecedented pandemic, the deadliest in American history, has forced the executive branch to act swiftly and creatively at each stage of the crisis. Facing an often-deadlocked Congress, President Joe Biden has drawn on old statutes to establish new regulations to stop the coronavirus from spreading and killing more people. Yet in so doing, he has given the Supreme Court’s Republican-appointed justices a chance to hobble his whole agenda. And during oral arguments over Biden’s vaccine mandates on Friday, these justices made it painfully clear that they will also seize this moment to grind down the federal government’s ability to perform even its most basic functions as well.

Friday’s arguments revolved around two rules issued by the Biden administration. The first, which we’ll call the employer mandate, was issued by the Occupational Safety and Health Administration. It imposes a requirement […]

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